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<br />\j \.J L. .L L. V'- i I\. J. J. I Lf V <br /> <br />VV'H\I\ 1 <br /> <br />rt1^ l'lU, ~(Uq~110jO <br /> <br />r. Uj <br /> <br />000632 <br /> <br />Information heeds: .Th~ information needed to <br />operate.the current. court approach to changes <br />1n ~ater righ~s in CQlorado meets the legal <br />needs; howev.er,:I' i t. :m~y not. 1l\E?et. the nee'ds of <br />..the public.:affected/py .suc~ transf~rs,. .:iin the <br />.::~ense t:h~~:.:~p'~: 'C:~~~:::.;Pr:~cess '.-d.~B;s .:!.10~.; .+ncor- <br />.:pora te:-::;t);)~. :a~pv.e.:, ~C(;)1'~.OTal.O , S 90 1 al;. :~rtYll::c:mment al <br />:and ::r.ecr~:ationill concerns. <br /> <br />.aJ I 'Vu-.~_ --.N',".., ........... _I' ~.\'."""I .w...._...._.-...-___ _.-._____ <br /> <br />12_~__.TMl <br /> <br />Applied to W~ter Riqhts--IS It ~dequate1 <br /> <br />The only issue considered by the water court in a transfer <br />case is property rights and only injury to other water rights is <br />considered. Other forms of "injury" are ignored pursuant to <br />colorado law. The "no injury" rule protects water right holders <br />in the continuation of the condition of flow relied upon to ~ake <br />their initial appropriations.3 Since 1954, the courts have <br />sought to keep the 'stream intact by proh!bitinq the new use from <br />depleting the stream any more than the old use did. <br /> <br />If stream conditions are not adversely affected by the <br />proposed change, then it i$ ass~e4 there is not impai~~ent to <br />other appropriators.4 Depriving an appropriator of the same <br />quantity or quality of water available before the change are both <br />considereG injury, as well as increasing the appropriator's <br />obligations to seniors. <br /> <br />If the court determines that injury would result, it may <br />require conditions preventing such injurY4 Such conditions may <br />put a limit on the use of the water involved, may require a <br />relinquishment of part of the decree or of another decree to <br />prevent enlargement of use or ~ de~rease in return flows, or may <br />put a time limitation on the diversion of the water.5 One such <br />condition is "compensatory storage, II which is water stored to <br />help provide for the future needs in an area-of-origin. It <br />satisfies Colorado.s legislatiVe requirement that the Western <br />Slope'S present appropriations of water and future water needs be <br />protected when water is transferred to the eastern half of the <br />state. 6 <br /> <br />Applioable to New Concerns? <br /> <br />The concept of IIno injury" C01JJd be expanded to provide <br />criteria for analyzing impacts of water transfers that are not <br />currently considered by the water court. These impacts include <br />economic, social, environmental, and recreational. <br /> <br />9 <br />