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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 />003123 <br />present value, placed in escrow at interest, to be used by the basin of <br />origin to compensate unprotected parties and for whatever other pur- <br />poses its citizenry prefers. <br />Compensation should definitely not be aimed at keeping water <br />prices or costs of water development to in-basin users from rising as <br />water becomes scarcer. Water prices should reflect the real scarcity <br />value of water. As water is transferred outside a basin because of its <br />greater value there, water does become scarcer in the basin than it <br />otherwise would have been. The cost of water to users should reflect <br />the fact of this scarcity and not the scarcity of some bygone era. Pro- <br />visions like those in the Colorado Water Conservancy District Act dis- <br />cussed earlier,60 which require that "present. . . and. . . prospective <br />appropriations of water. . . not be impaired nor increased in cost" <br />distort the real scarcity signals to in-basin water users and induce <br />them to apply water to uses and in quantities that are not justifiable in <br />light of curren t scarcities. <br />It is not clear that compensatory storage will always be the most <br />useful form of compensation to the area of origin. Perhaps schools, <br />highways, or hospitals would be of greater benefit, given the hydro- <br />logic situation and other needs. Even when storage is the most useful <br />form of compensation, there is the issue of timing of construction of <br />that storage. Clearly, it should be sized and timed in accordance with <br />the water needs of the area of origin. One official, mistaking ineffi- <br />ciency for foresight, recently stated, "We built Green Mountain Reser- <br />voir 45 years ago, and now we need it." <br />These observations also have implications for the institutions that <br />negotiate for and manage the resources gained through compensation. <br />If negotiations over losses are to represent all of the unprotected losing <br />parties identified above and if the uses of these compensatory resources <br />are to be determined in the interest of all losing parties and not just <br />water users, then a governmental unit of general jurisdiction should <br />control negotiations and manage the use of the compensatory <br />resources. <br /> <br />F. General Economic Guidelines for Compensation <br /> <br />By way of summary, the following general guidelines concerning <br />compensation are offered: <br />I. Compensation paid should equal the present value of net in- <br />comes and public amenities lost in the area of origin that are not pro- <br />tected under conventional appropriation doctrine. The relevant <br /> <br />60. See supra note 46. <br />
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