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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 />003120 <br />State of Colorado, and some much further downstream, possibly in <br />Arizona and California. This is a question of the "accounting stance" <br />that is to be used to quantify the benefits and costs mentioned in (I) <br />and (2) above. <br />From a national point of view, any losses caused by the transfer <br />should be counted as costs of the project. In practice, however, ac- <br />counting stances are likely to be determined by the geographic bound- <br />aries of public administrative units, from conservancy districts to <br />states, regions, and the nation. Differences in the consequent costs and <br />benefits frequently lead to conflicts among jurisdictions over the desir- <br />ability of various actions or projects, including the need for compensa- <br />tion. This indicates the need for an institutional framework within <br />which all benefits and costs are taken into account. <br /> <br />D. Nature of the Losses to the Area of Origin <br /> <br />Losses to the area of origin are likely to take four main forms: (I) <br />current and future losses of net income directly associated with diver- <br />sions and consumptive uses that are curtailed because of a water trans- <br />fer; (2) current and future losses of instream values; (3) losses of <br />incomes in activities economically linked to those diversions and in- <br />stream values; and (4) losses which accrue to society at large in the <br />area of origin. <br />Regarding (I), three classes of potentially affected activities stand <br />out: (a) currently operating direct diverters and consumers of water; <br />(b) users of the return flows from the initial diverters; and (c) future <br />water-using activities that currently do not exist. Currently operating <br />activities that are curtailed by a transfer are observable, and their <br />losses of net income can be determined. Return flows from these ex- <br />isting activities can be estimated, and associated income losses can also <br />be estimated. Such losses are currently protected under the appropria- <br />tion doctrine. <br />Future uses of water must be forecasted, using some type of fore- <br />casting procedures or models. Many states have detailed state eco- <br />nomic models, like Colorado's Forecasting and Simulation Model that <br />permits forecasting on a county or planning region basis, relating these <br />forecasts to credible national forecasts (such as the Wharton School <br />Forecasts or those of Data Resources, Inc.). Such models work rea- <br />sonably well in forecasting future levels of existing activities, but they <br />cannot predict activities not already on the scene. <br />Reservation of water for in-basin future uses is somewhat at odds <br />with the prior appropriation doctrine, which emphasizes present bene- <br />ficial use of water. However, several western states now allow state <br />
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