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Last modified
7/29/2009 8:50:07 PM
Creation date
8/1/2007 8:43:46 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8050.100
Description
Section D General Statewide Issues - State Policies-General
State
CO
Date
7/14/1988
Author
J William McDonald
Title
A Primer on Colorados Water Policies - J William McDonald - CWCB - 07-14-88
Water Supply Pro - Doc Type
Report/Study
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<br />001342 <br /> <br />historically been viewed as providing for the consideration of <br />impacts and equities only through the construction of <br />"compensatory" storage. While the geographical dimensions of <br />this policy originate in the historical tensions between the <br />west slope and the east slope. recent proposals to purchase <br />large amounts of water from agriCUltural users in east slope <br />basins for transfer to municipal uses in the Denver metro- <br />politan area illustrate that the issue of basin-of-oriqin <br />compensation is not confined to its historical context. <br /> <br />Ground Water Policies <br /> <br />Ground water which is tributary to perennially flowing <br />streams is treated under state law as part of the surface water. <br />system. Thus. it is essentially available for appropr.iation <br />and use subject to the previoUSly described policies. <br /> <br />Non-tributary ground water and ground water in areas not <br />adjacent to perennially flowing streams which has been an <br />area1s primary source of supply (referred to as "designated <br />gr.ound water" by statute) are essentially non-renewable <br />resources. Their use thus presents the pUblic policy question. <br />as with all non-renewable natural resources. as to the rate at <br />which they should be used up. if at all. <br /> <br />Colorado has extensively addressed this question in <br />statutory law. with the fundamental policy being that these <br />non-renewable water supplies will be used without limitation as <br />to the kinds of use that can be made (e.g.. these water sources <br />are not reserved solely for municipal use or for use only <br />during drought). Furthermore. Colorado has consciOUSly adopted <br />explicit policies as to the rates at which these resources may <br />be depleted. with those rates being a function of various <br />public policy considerations. <br /> <br />Protection of Interstate Compacts <br /> <br />For obvious reasons. it falls to state government agencies <br />to determine and to protect water right holder.s' collective <br />interests in interstate compacts and equitable apportionment <br />decrees of the U.s. Supreme Court and in the water resources of <br />interstate streams in general. Colorado has long had a policy <br />of aggressively protecting its interests in this regar.d. by <br />acting through the relevant compact commissions and admini- <br />str.ations. by interfacing with federal agencies which have <br />r.esponsibilities for or can otherwise influence the <br />implementation of compacts and U.s. Supreme Court decrees, and <br />by aggressively defendi.ng ourselves in litigation where that <br />has become necessary. <br /> <br />Water. Resources Development <br /> <br />Although state government agencies do not have the <br />authority to directly decide how Colorado's water resour.ces <br /> <br />-4- <br />
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