WSP12293

• File Number: 8029
• Description: Section D General Correspondence - Colorado Agencies
• State: CO
• Basin: Statewide
• Date: 8/24/1960
• Author: Various
• Title: Presentation of the Papers and Articles Read at the Western Resources Conference - Boulder Colorado
• Water Supply Pro - Doc Type: Report/Study

to prevent wasteful use, undue Interference with existing wells, or
substantial Interference with existing rights to appropriate surface
water.

Two States -- Kansas and Nevada -- declare that it Is an express
condition of each appropriation of ground water that the right relates
to a specific quantity of water and must allow for a reasonable lowering
of the static water level at his point of diversion resulting from later
appropriations. A Wyoming declaration Is worded differently but expresses
the same principle. On the other hand, the Idaho statute declares that
early appropriations of ground water shall be protected in the maintenance
of reasonable ground water pumping levels as may be established by the
State Reclamation EngIneer. Washington forbIds the Issuance of permits
to withdraw water beyond the capacity of the formation to yield water
wIthin a reasonable or feasible pumping 11ft In case of pumping develop-
ments, or e reasoneble or feasible reductIon of pressure In case of
artesian developments.

The Utah statute accords to a junior ground water appropriator the
right of replacem~nt of water, with approval of the State Engineer, In
the event that his project may impair a senior right. The nonapproprlatlon
statute of Hawaii contains a provisIon along the same lines.

Preferred uses of water

Preference in use of water Is mentioned In some statutes, d~mestic
use being at the head of each list. For example, one of the corrective
control provisions that the Oregon State Engineer may Include In his
order declaring the existence of a critical ground water area Is the
according of first preference, without regard tu priorities, to domestic
and livestock purposes, followed by other beneficial uses In such order
as he deems advisable under the circumstances.

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Chanqes In exercise of ground water rights

A number of the ground water statutes authorl za an approprl ator tJ
change the location of his withdrawal of water, place of use, and use of
the water without loss of priority, with the approval of the State admin-
Istrative agency. Changes would be condItioned on no resulting enlarge-
ment of the appropriation or impairment of other rights.

Determination of qround water rlqhts

As in the case of surface streams, administration of appropriative
rights In the common water supply Is facilitated by and under some cir-
cumstances dependent upon a determination of relative priorities of the
several claimants. Such determinations may be solely court adjudica-
tions, or they may be special procedures In which administrative and
judicial functions are combined. Surface stream appropriation statutes
of most Western States contain procedures In which the State administra-
tive agency 15 Involved In some way.

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