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Last modified
1/26/2010 4:14:30 PM
Creation date
10/12/2006 5:30:09 AM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />r <br />f' <br />i <br />I <br />I <br />, ~ <br /> <br />o G 1 31. 2, <br /> <br />Some of the States that have separate ground water appropriation <br />statutes have included therein provisions for determining ground water <br />rights in areas designated therefor by the State Engineer. For such <br />purpose, the comparable provisions of the general appropriatIon statute <br />are adapted to the requirements of ground water appropriations. Final <br />decrees of adjudication Include such usual provisions as name of appro- <br />priator, priority of right, quantity of water, place of diversion, <br />place of use, and conditions of exercise of right. In addition, some <br />Include such features as boundaries of the ground water area, level <br />below which the water may not be drawn down, and safe yield. In Oregon, <br />the determination of a critical ground water area may be included in <br />the proceedings for adjudicating ground water rights. The Washington <br />statute authorizes reservation of jurisdiction for the determination <br />of a safe sustaining water yield necessary from time to time to preserve <br />the water rights and prevent depletion of the ground water supply. <br /> <br />In addition to the general adjudicatory procedure, the Idaho <br />ground water statute provides for administrative detenninations of <br />claims by appropriators that their rights are being adversely affected <br />by junior claimants. A local board created for each specific contro- <br />versy determines the nature and extent of the water rights Involved, <br />makes corrective orders, and when It has finally disposed of the <br />claim, ceases to exist. <br /> <br />, ' <br /> <br />loss of ground water rlahts <br /> <br />loss of ground water rights by forfeiture for nonuse for pre- <br />scribed periods of years, and by abandonment, Is provided for In some <br />of the separate ground water statutes. In some cases, there Is <br />administrative procedure for determining such losses. <br /> <br />In South Dakota, any well not put to beneficial use for a period <br />to be determined by the State Water Resources Commission Is declared by <br />statute to be abandoned and Is required to be plugged. <br /> <br />Under the nonapproprlatlon statute of Hawaii, a "preserved use" <br />of ground water Is extinguished by nonuse for prescribed periods of <br />years unless caused by water shortage resultIng from nat~ral conditions. <br /> <br />V. Ground Water Administrative Areas <br /> <br />Practical ground water administration perforce requires for Its <br />functioning geographical areas with defined boundaries substantially <br />coterminous with those of the bodies of ground water to which adminis- <br />trative measures are to be applied. The fact that detennlnations of <br />the existence and characteristics of ground water bodies are feasible <br />represents a great advance over the skepticism exhibited by a Vermont <br />court more than a century ago. That court remarked upon "The secret, <br />changeable, and uncontrollable character" of ground water, which <br />"sometimes rises to a great height, and sometimes moves In collateral <br /> <br />- 7 - <br />
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