WSP09097

• File Number: 8510.100.40
• Description: Rio Grande Compact Commission
• Basin: Rio Grande
• Water Division: 3
• Date: 1/1/1979
• Title: San Luis Valley Water Problems: A Legal Perspective - Part I of II
• Water Supply Pro - Doc Type: Report/Study

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SAN LUIS VALLEY WATER PROBLEMS:

A LEGAL PERSPECTIVE

by

George E. Radosevich*
Ronald W. Rutz

INTRODUCTION

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The San Luis Valley stands at the crossroads of its economic future.
Because of the eXisting water distribution system in the Valley and the
superimposed legal system and legal constraints, a deep insecurity has
arisen among the people. Suspicion and economic fear are facts of life.
As a result, a number of lawsuits have been filed during the past year,
thereby deepening the division already present and draining large amounts
of money out of the Valley to law firms located primarily in Denver.
Presently, the Valley is a patchwork of local conservancy districts,

ditch companies, drainage districts, water users associations, etc., all

interested in protecting their own areas of concern at the expense of

any other person or group which might be deemed a threat to their inter-

est. The specific conflicting groups primarily break down into the Conejos

River surface users vs. the Rio Grande River surface users, the Conejos

Ri ver surface users vs. the ground water users in the Conejos Bas in,

surface users vs. ground water users, the "closed basin" ys. the rest

of the Valley, municipalities YS. Valley water users, the Closed Basin

Drainage Project vs. subirrigators, Colorado vs. New Mexico, Texas and

the Republic of Mexico, etc.
The list can go on and one, but it is evident that much Balkanization
exists. In fact, farmers have been known to contribute to both sides of

*Associate Professor of Environmental Law and Economics and Research
Associate, respectively, Department of Economics, Colorado State University.