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Last modified
1/26/2010 2:56:12 PM
Creation date
10/12/2006 3:58:44 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8051
Description
Section D General Statewide Issues - Basin of Origin Legislation
State
CO
Basin
Statewide
Date
4/1/1986
Author
CU Law
Title
Various Articles RE-Basin of Origin Issues - University of Colorado Law Review - Volume 57-Issue 3-Spring 1986
Water Supply Pro - Doc Type
Publication
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<br />003117 <br />How can such equality of marginal value be established? One <br />method would be by central authority, such as a state engineer or state <br />water resources department. However, efficient central allocation of <br />all water supplies would require an unobtainable amount of informa- <br />tion and objectivity, and it would be contrary to the economic and <br />political philosophy of those who value the freedom of the individual <br />to make most economic decisions. <br />An alternative to central direction is to permit water to be allo- <br />cated through market processes, or market-like processes, in which <br />proposals made by private water users are permitted, subject to some <br />degree of social review. But if markets are to result in efficient alloca- <br />tions of water (as defined above), prospective water users must be <br />aware of and responsible for all costs associated with their proposed <br />water uses. (They presumably know the benefits accruing from the <br />proposed water use, although some public benefits might be created <br />that would be ignored by the user.) <br />The main economic issue relating to area-of-origin protection <br />within a market setting like the Western United States, is, therefore, <br />whether or not there are costs to the area of origin that are likely to be <br />ignored by a prospective exporter of water. As we will see, there are <br />costs that almost surely would be ignored. <br />Within a market setting, the most direct way of insuring that pro- <br />spective water users will take such costs into account is to develop <br />some way of estimating the costs and requiring the exporter actually <br />to compensate the area of origin through monetary or other forms of <br />payment. The remainder of our discussion will therefore concentrate <br />on the quantification and methods of payment of compensation to ar- <br />eas of origin. <br /> <br />. <br />,. <br /> <br />r <br />- <br /> <br />I <br /> <br />I <br />~ <br /> <br />B. Economically Efficient Transbasin Diversions <br /> <br />We start by considering the conditions that must exist if an out- <br />of-basin transfer project is to be considered economically desirable. <br />Three conditions are required: (I) the transfer must be the least-cost <br />alternative for providing that quantity of water (of comparable relia- <br />bility) to the users; (2) the benefits to the users of the transferred water <br />must exceed: (a) losses to the area of origin (including downstream <br />basins to which it may be tributary); plus (b) transfer-related construc- <br />tion and operation costs; and (3) no one should be made worse-off by <br />the project." Although these conditions seem self-evident, they re- <br /> <br />51. These condilion~ closely parallel the economic criteria for as~essing interbasin tram.fas pro- <br />posals suggested by the NATIONAl WATER COMMISSION REPORT, supra note I. al 320: <br />First, the interbasin transfer proposal should be the leasl-cO~1 source of WOller 5upply (0 <br />
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