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WSP12293
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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 />Character of regulation <br /> <br />In gEneral. . Regulation of ground water under a statute based <br />upon priority of approprIatIon necessarily involves In the first <br />instance recognition and preservation of preexls~ing r~~hts. procedure <br />for acqul ring new rIghts, and determlnatiol1 or a,ojudlcCll.lon of water <br />rights, heretofore discussed. Statutes nat base~ on priority of <br />appropriation do not purport to disturb o~ to enlarge the exl~ting <br />basis of ground water rights in the jurJsC:ictlon, but they are concerned <br />with existing uses of ground water and with new uses. U~der toth appro- <br />priation and nonappropriatlon statutes, regulation of ground water <br />includes protection and conservation of the ground water suP?iy, Instal- <br />lation of wells, supervision over withdrawal of water, and prevention <br />or correction of overdr~ft -- functions th~t will be dealt with presently. <br />'t also Includes registration of we! Is, rsports from water users, and <br />promulgation of rules aOld regulatlo;ls. <br /> <br />~L~ of regulat~)~. - Some ground water statutes authorIze <br />the State ,~dminlstrator to enter upon private lands In order to examine <br />wells and obtain required data. In e number of States, offIcials may <br />bring action to enjoin violations of the statute; In 2 of them, they <br />may intervene In court actions to prevent depletion of ground water <br />supp II es. <br /> <br />ArtesIan conservancy di strlcts In New Ilexico have concurrent <br />authority with the State EngIneer to enforce regulatory provisIons of <br />the statute where waters within the respectIve districts are affected. <br />The State Engineer may Intervene In proceedings brought by or agaInst <br />these dIstricts when necessary to protect or adjudIcate rights In'the <br />pub 11 c waters. . <br /> <br />Violation of any provision of the ground water statute Is generally <br />declared to be a misdemeanor. <br /> <br />Protection and conservation of ground water supptt <br /> <br />Western ground water legislation is replete with prohibitions <br />against depletion and unnecessary waste and pollution of ground water <br />supplies, and with directIons that wasteful practices be brought <br />under contro I. <br /> <br />There are a number of broad legislatIve declarations of polley. <br />Among these are that of Hawaii that the 9~ound w~ter rer-OurceS of all <br />areas must be protected from the threat of exhaustion, depletion, <br />waste. pollution, and deterioration by salt water encroachment; Idaho, <br />directing the State administrator to do all thIngs reasonably necessary <br />to prevent depletion of ground water resources; Nebraska, that conser- <br />vation and beneficial use of ground water are essential to the future <br />well being of the State; Nevada, that It Is the intent of the legisla- <br />ture to prevent waste and pollution of ground water; Oregon, that <br /> <br />- 10 - <br />
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