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<br />.' <br /> <br />.1. ~.. ~ <br /> <br />tfO"O'83 ~ <br /> <br />8UJ1HAltY <br /> <br />"overview ot state .ater COlUlervlltioZl proqrams" <br /> <br />by D. Craig Bell <br />Environment an4 Energy Stu4y Institute Workshop on <br /> <br />Agricultural Water conservation tor Environmental Benerits <br /> <br />'I'he West i. in .. condition or perpetual water scarcity. <br />Because or this, storage projects have been built to "conserve" <br />water. The era of large water project construction appears to.be <br />ending. But, d8llland tor vater use continues to rise. Because <br />agric\llture ie the major water user in the west, the qreatest <br />potential tor providinq water tor new uses lies in optimum <br />irrigation manaqement an4, as appropriate, transferrinq irrigation <br />water riqhts to other uses. . <br /> <br />1"or conservation proqrame to be effective they must occur <br />within the framework Of state water law. In the West, this means <br />un4er the doctrine of prior appropriation. 'I'here is some <br />disagreement concerning whether the traditional appropriation <br />doctrine promotes or inhibits water conservation. Today the <br />appropriation doctrine is, in the eyes of most observers, evolving <br />toward inducing incressinqly efficient water use, <br /> <br />For example, Oregon has enacted a law to provide for the sale <br />or lease of "conserve4 water," defined as "that lllllO\lnt.. ,prsviously <br />unavailable to sUbs.q\lent appropriators, that results from <br />conservation measures." Montana and California have. passed laws <br />similar to Oregon I., washinqton also has a somewhat similar <br />program, Other states are considering such programs. . <br /> <br />water efficiency is also enhanced through water right <br />transfera, which allow established uses to change with evolving <br />value. and needs, Some states have recently simplified. the <br />marketinq of water rights. "water banking," which has been <br />implemented in Idaho and california, is one such innovation.. <br />outside the auspices of water bankinq, individual transfers from <br />one water right holder to another occur frequently in many western <br />states, incl\lding Colorado, Nevada, utah, New MeXico, washinqton, <br />and WY01ling. <br /> <br />States have enacted other laws to promote efficient water us.. <br />The Arilcna Ground water Code places special restrictions on ground <br />water withdrawal, \lse, and transfer in critical use areas aime4 at <br />reachinq . gcal of safe yield, where withdrawals do not Ellccee4 <br />natural and artificial recharge, Arizona, and other states, have <br />also recogni.e4 artificial qro\lnd water recharge as a ~eneficial <br />use of surtace water to promote optimum conjunctive use. Recently <br />the Colorado leqislature enacted a broadly worded bill establishing <br />