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WSP12333
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Last modified
1/26/2010 4:14:39 PM
Creation date
10/12/2006 5:31:45 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8410.300.60
Description
Basin Multistate Organizations - Missouri Basin States Association - Reports
State
CO
Basin
Statewide
Date
1/27/1983
Author
MBSA
Title
An Issue Analysis of Out-Of-Basin Water Transfer
Water Supply Pro - Doc Type
Report/Study
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<br />,.. <br /> <br />. . contemplates or results in the removal (of water) from the basin or <br /> <br />area outside of such basin of origin if the supply involved in such plan or <br />project shall be required to supply the reasonable future water requirements <br />for the next ensuing 50-year period within the river basin of origin, except <br />on a temporary, interim basis. The Board shall be governed in its <br />preparation of said plan by a regard for the public interest of the entire <br />state. . . .'J-31 <br /> <br />"Although there were early fears that this statute might have the effect of <br /> <br /> <br />establishing a 50-year moratorium on large scale, permanent interbasin <br /> <br /> <br />water transfers within the state, no such impact is yet discernible. The <br /> <br /> <br />statute does not affect plans financed by the United States, cities, or any <br /> <br /> <br />entity other than the state itself, and most important, it does not affect <br /> <br /> <br />the current proposal to divert water from the Mississippi River to the high <br /> <br /> <br />plains areas in west central Texas. (Ed. The proposal referred to in the <br /> <br /> <br />1968 Texas Water Plan. See page 9.) <br /> <br />"One prior Texas Statute, sometime referred to as the 'Watershed Prejudice <br /> <br /> <br />Act,' prohibits any interbasin diversion of water 'to the prejudice of any <br /> <br /> <br />person or property situated within the watershed from which such water is <br /> <br /> <br />proposed to be taken or diverted.'J-32 This statute was discussed in a <br /> <br /> <br />recent case where the Texas court held that it did not impose a rigid <br /> <br /> <br />formula for area of origin protection on the Texas Water Commission. <br /> <br /> <br />Instead the statute was construed as providing only one of several policy <br /> <br /> <br />considerations to be weighed by the Commission in its discretion. The <br /> <br /> <br />court said the statute was intended to 'delegate discretion to the <br /> <br />-26- <br />
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