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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 />U03125 <br /> <br />tially valuable uses of that water. Such limitations unwisely reduce <br />the options available for use of scarce water resources. <br />A number of states engage in some form of allocation of water <br />resources as a means of protecting the future water needs of areas of <br />origin. The California fiction of assigning a permanent priority to the <br />area of origin for certain categories of exported water injects a signifi- <br />cant element of uncertainty into the system, because water users <br />within the area of origin presumably may recall water regardless of the <br />comparative values of water use within and outside the basin. Given <br />the investment in the water export infrastructure and the dependence <br />of the place of use on the water supplies, a recall of water would likely <br />be met with vigorous resistance. <br />Reservation of some share of water for unknown future needs of <br />an area of origin at least permits the possible transfer of water deter- <br />mined not to be necessary. However, it makes such water exports con- <br />tingent on a largely speculative analysis of future development in the <br />area of origin. Also it suggests a false dichotomy between "necessary" <br />water and "surplus" water. The necessary water is absolutely pro- <br />tected irrespective of the comparative values of use, while the surplus <br />water is assumed to be without protectable value. <br />There is some movement toward providing for a state-level evalu- <br />ation of interbasin water transfers based on a number of criteria. The <br />effect is to subject each proposed transfer to a general cost-benefit type <br />of analysis. No artificial restrictions or reservations of water are in- <br />volved. The method of evaluation, including the standard applied and <br />the weight given to the various factors, becomes critical under such an <br />approach. Significant transaction costs may result from the evaluation <br />process. <br />Permitting exports of water subject to the payment of appropriate <br />compensation offers several important advantages. It recognizes that <br />removal of water from an area imposes real costs and that offsetting <br />payments may be devised that will benefit the exporting area and leave <br />it at least as well off as before the diversion. It promotes better use of <br />society's resources by insuring that the full costs of the transaction are <br />known. It avoids artificial limitations on the use of water. <br />The major problems in devising an effective compensation system <br />center around determining an appropriate payment. The California <br />approach under the Burns-Porter Act makes no real attempt to relate <br />the funds that are provided to the costs of water export. Colorado's <br />compensatory storage requirement has largely restricted compensation <br />to the construction of dams and has caused such dams to be con- <br />
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