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Last modified
1/26/2010 3:19:48 PM
Creation date
10/12/2006 5:22:54 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.B
Description
Upper Colorado River Compact
Basin
Colorado Mainstem
Date
1/1/1991
Author
Paul Upsons
Title
A Leader and Antagonist: Historical Forces Leading to Colorado's Influnce in Meeting Five of the Upper Colorado River Compact Commission (Honors Thesis for U. of Denver History Dept)
Water Supply Pro - Doc Type
Publication
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<br />26 <br /> <br />riations even with the Laramie-Poudre Tunnel in operation. <br /> <br />TIle Court made clear that there was no controveny in this case, as there <br /> <br />was in Kansas v. Colorado, regarding the question of whether prior appropriation <br /> <br />or riparian rules would apply. Since both Wyoming and Colorado historically <br /> <br />adhered to prior appropriation it would be applied to this interstate dispute, <br /> <br />as well. As the Court's decision would prove, however, the application of <br /> <br />this rule would not work to Colorado's benefit in this case. <br /> <br />The Colorado defense was also less successful in using an argument against <br /> <br />Wyoming's charges that it used successfully against Kansas: Colorado claimed <br /> <br />again tl,at its uses of Laramie water were superior to those of Wyoming. AP the <br /> <br />Supreme Court's opinion reads: <br /> <br />Colorado further answers that she can accomplish more <br />with the water than Wyoming does or can; that she pro- <br />~,ses to use it on lands in the Cache La Poudre Valley, <br />and that they with less water will produce more than <br />tLe lands in the portion of the Laramie Valley known as <br />the Laramie plains.SS <br /> <br />The Court, however, saw no reason to apply the precedent of 1907, as in this <br /> <br />case Wyoming proved that its irrigated lands "offer opportunities and advantages <br />which are well recognized. ,,86 <br /> <br />The Court dismissed as "untenable,,~7 however, Wyoming's claim that Colorado <br /> <br />could not divert water to another watershed, citing cases to prove that "diversions <br /> <br />from one watershed to another are commonly made in both states and the practice <br /> <br />is recognized by the decisions of their courts."S8 Echoes of this same argument <br /> <br />would be heard again from Wyoming in 1945, however. Wyoming would try to limit <br /> <br />Cclorado dominance of Colorado River water by using similar arguments against <br /> <br />the increasing transbasin and transmountain diversions by Colorado \~ter users. <br /> <br />The Court also dismissed as unreasonable the Colorado claim that it could <br /> <br />do what it wished with all of the Laramie waters within its borders. TIle opinion <br />
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