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lJ!j :.; -" !\ ,; .~ ., River flows measured at the Utah border range from an historic high of 69,800 cubic feet per sec- ond (cfs) in May 1984 to a record low of only 960 cfs in September 1956. These numbers, while extremes, clearly indicate the great importance of water stor- age to simultaneously control flooding during spring runoff and provide a controlled release of water for year-round uses. Approximately 80 mil- lion acre-feet of precipita- tion fall annually in the Colorado River drainage within Colorado's bor- ders. The greatest con- sumer of that water is nature. In Colorado's semiarid climate, roughly 85 percent of the total precipitation is lost to evaporation and transpi- ration. Among the traditional users of water, agriculture is the dominant customer, accounting for approxi- mately 88 percent of the water appropriated in the state. Over one million acres are under irrigation within the Colorado River drainage in Colorado. Also, as a result of trans- mountain diversions, an additional 900,000 acres in eastern Colorado are sup~ plemented by Colorado River water. Including transbasin diversions, the Colorado River helps irri- gate nearly two-thirds of Colorado's total irrigated lands. Major crops grown with Colorado River water include grass and alfalfa hay, grains, vegeta- bles and fruit. Colorado's statewide total crop value was $1.5 billion in 1991. Average annual prccipi- tation in Colorado is 16.5 inches; however, this varies from less than 7 inches to ncarly 60 inches depending on location. Eighty percent of this pre- cipitation falls in the Colorado Rivcr drainage, where only 10 perccnt of the state's population resides. Colorado's settle- ment patterns have favored the eastern side of the Rockies which receives far less moisture than the rural western slope. To address this CRWUA state. Tourism and recre- ation has grown steadily in Colorado, and is now the state's second largest industry. Much of that growth is attributable to increases in outdoor pur- suits, including skiing, fishiug, hiking and rafting. Downhill skiing alone contributes $2.5 billion to the state's economy. Accordingly, free flowing -v riJlcipal,Resetv;oj~~jri: tp-e:~:{)r<iiag(r ~tvt:;r :])raitJ,agf \'pin<l.II('l1il BloL':Mt':-.~ \'lnr,r9w PtHnt Cr~,,,tlil (~n.mby lh.:.':)(;:,rvo:i;: ~lcPlitte H~,ervolr, Di.lk1uR(:sfif,V()ir, , Grecll'MolllC.ain lleffi':r,v,oir V a Llcdlb n(~,eerv(}ir Hlledj J;.{e's,~1:'\'oir imbalance, numerous transmountain diversions transport an avcrage of one-half million acre.feet of Colorado River water annually to supply eastern Colorado agriculture and the cities of Denver, Colorado Springs, Pueblo and others. While the Colorado River serves only 330,000 people in its natural basin within Colorado, as a result of transmountain diversions, it serves an additional l. 75 mllion, or nearly two-thirds of the state's population. Municipalities represent only 5 percent of the state's total water con- sumption. Business, industry and increasingly recreation (e.g., snow- making) account for the remaining 7 percent of water consumed in the 329llj()(};acti~Nteet' 121,200 acn;.r"", 25;200 ,,,,rc';Je~t 'A0,5;~6f}laeb:c.:fe,(:t, :18] :OOI"a<'I~'[c"t .' .. '. '. <.r : --<.", . ~. ' . 254,,000 acre-fe1lt ',j/I:6J9CiO a(;i'~~Jet~I:, ~_:~,;;>,64;@:;,~Cl:(~,~j~el Hl2)lOO act!'-[C"l. rivers and streams and additional wintertime water supplies for snow- making are under increas- ing dcmand. Control The legal framework for usc of Colorado's waters is the product of a lengthy history of watcr-related legislation and judicial decisions. Federal and state rules and regulations regarding flood control, watcr quality, hydroelec- tric power, water supply, drinking water, soil con- servation, reclamation, forestry recreation and research also impact the allowable use of Colorado's waters. Additionally, nine inter- state compacts shape the rivers' usage aud dictate stateline delivery require- ments. Colorado's constitution dedicates all surface waters in the state to the public subject to appropriation for beneficial use. This so- called "Prior Appropria- tion Doctrine" governs Colorado's water law, which means that the application of water to beueficial use is governed by the order in which the use occurred (I.e., first-in- time, first-in-right). Most western states follow some form of the Prior Appro- priation Doctrine, but typi- cally require a state permit to appropriate water. Colorado is unique in the absence of a state permit system. Colorado water rights are determined by the actual use of the water and certified by the courts. For almost 100 years, water in Colorado had to be physically captured and controlled to establish ben- eficial use. However, in 1973, the Colorado Legislature authorized the state to appropriate water to maintain minimum stream flows "where essen- tial to preserve the natural environmeht to a reason- able degrec." The Colorado Water Conservation Board, the state agency charged with this responsibility, present- ly holds more than 1,200 rights on more than 7,400 miles of streams and rivers and 485 minimum lake level decrees. The majority of these are in the Colorado River drainage. r: