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WSP12076
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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 />28 <br /> <br />was overruled on the grounds that there vas evidence that excessive diversions <br /> <br />were made from the Laramie between 1926 and 1929.96 <br /> <br />The suit was resumed in 1936. Wyoming again argued that colorado was greatly <br /> <br />exceeding its share of the Laramie, especially concerning the 4,250 acre-feet <br /> <br />yearly limit that could be diverted to the Colorado meadowlands. Wyoming main- <br /> <br />tained th~t Colorado exceeded this limit by anywhere from 31,750 to approximately <br /> <br />60,000 acre-feet per year. In. its defense, Colorado contended that while the <br /> <br />amount actually taken from the Laramie River initially did greatly exceed the <br /> <br />limit, the amount returned to the river by return flow and surface drainage made <br /> <br />up for this excess. 'Ille Court rejected this argument, contending that no more <br /> <br />than 4,250 acre-feet cc,uld be taken from the stream at the point of diversion, <br /> <br />regardless of return flow. It is interesting that the Court's opinion made no <br /> <br />mention of the issue of water quality and that return flow water can become loaded <br /> <br />vith salt in the process of percolation. <br /> <br />The Court agreed with Colorado's contention that since Imter rights are <br /> <br />transferable Colorado could exceed diversions through one of its ditches if <br /> <br /> <br />another ditch decreased its intake accordingly. 97 The ruling was that as long <br /> <br />as the aggregate diversions in Colorado did not exceed the aggregate limit of <br /> <br />37,750 acre-feet as decreed in 1922 then the Colorado diverters could not be held <br /> <br />liable for overuse. The Court left it to the tvo states to worK out the problem <br />, h 'd' b h' , 98 <br />Wlt measur~ng eVlces y t elr Olin cooperatlon. <br /> <br />The fourth Wyoming v. Colorado case prior to the 1946 UCRBCC l~S brought to <br /> <br />the Supreme COurt in 1940. Wyoming maintained yet again that Colorado was <br /> <br />diverting from the Laramie more than the decreed limit. In short, the Court <br /> <br />ruled in favor of Colorado, which Claimed that these excess diversion in 1939 <br /> <br /> <br />were actually approved by various officers in the Wyoming governor's office.99 <br />
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