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<br />0031" 3 <br />L 3. Evaluation by Public Standards <br /> <br />A third general allocation method is to evaluate transbasin diver- <br />sions on the basis of a number of general standards. Reservation of <br />water for future use in the area of origin is not involved. Public-inter- <br />est evaluation is common in appropriation states following the permit <br />system, where water rights are established through application to the <br />appropriate state agency. While the requirements vary considerably <br />from state to state, in each case certain conditions must be met. 34 <br />In some states, specific provisions address interbasjn transfers. A <br />198 I Nebraska statute specifically subjects all proposed interbasin <br />transfers to "public interest" review by the Director of Water Re- <br />sources.35 A number of factors are listed for consideration, though <br />others also may be raised: <br /> <br />1. The economic, environmental, and other benefits of the pro- <br />posed interbasin transfer and use; <br />2, Any adverse impacts of the proposed interbasin transfer and <br />use; <br />3. Any current beneficial uses being made of the unappropriated <br />water in the basin of origin; <br />4. Any reasonably foreseeable future beneficial uses of water in <br />the basin of origin; <br />5. The economic, environmental, and other benefits of leaving <br />the water in the basin of origin for current or future beneficial uses; <br />6. Alternative sources of water supply available to the applicant; <br />and <br />7. Alternative sources of water available to the basin of origin for <br />future beneficial uses"6 <br /> <br />A cost-benefit analysis from the state perspective is to be undertaken, <br />and the application is to be denied "if the benefits to the state from <br />granting the application do not outweigh the benefits to the state from <br />denying the application. "37 <br /> <br />34. For example, In slate" like WYOnllllg the con..iderations are limited 10 a demonstration fhal <br />the diversion of wilIer is taking place and thai the waler is being applied to a recognized beneficial use. <br />See Wolfe. Administering WOler Riglw: The Permir Sysrem. paper prc=sented at Western Water Law in <br />Transition Conference (Natural Resources Law Center, University or Colorado. June 3-5,1985). Other <br />states address a broader set of considerations including, in some cases, a general "public inleresl" stan- <br />dard. Sei!, e.g., ALASKA STA"I ~ 46.15.080 (1982); NEB. REV. STAT. S 46.235 (1984); N.M. STAT. <br />ANN. ! 72-5-7 (1978). <br />35. NEB. REV. STAT. 946-289 (IQ84). <br />36. Id. <br />37. [d. Kansns passed u law in 198J thaI follow!> u very similar approach respecting all rropo..~d <br />diversions of al least 1,000 acre-feel of ......afer per yenr for use more than 10 miles from the poinl of <br />diversion. KAN. STAT. ANN ~9 82<1-1501 10 -1506 (19!l4). One additional factor of inferest is ''l.:olls..:r- <br />valian practice implement<ltion plane;. for the u"t" of water currently available 10 and being uSl..'d by the <br />applicant and for the uc;.e of the water propo<.,ed 10 be transferred:' Id. ~ 82<1-1 S03(d)(6) <br />