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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 />, ' <br /> <br />001344 <br /> <br />Policies with Reqard to Federal Requirements <br /> <br />In the last 20 to 30 years, the federal government has. <br />with increasing frequency. implemented programs which can <br />affect the exercise of water rights and the use of the state's <br />water resources. This has been most pronounced in the areas of <br />feder.al environmental laws and regulatory programs and of water <br />rights claims of the United States. <br /> <br />There is inherent tension between a state water rights <br />system which imposes essentially no conditions on the use and <br />development of private water rights other than protection of <br />the relative priority of water rights and prevention of <br />material injury. and federal laws and regulatory programs which <br />call for various parameters and criteria to be taken into <br />account when federal permitting and licensing decisions on <br />water development proposals are being made. This is because <br />what could be done as a matter of state law in the use and <br />development of water is being conditioned and constrained by <br />the imposition of federal requirements which are largely <br />foreign to the state's water rights system. <br /> <br />In general. it has been the pOlicy of state government to <br />resist these federal "incursions" into our water rights system <br />to the extent that it was thought that they were unreasonable <br />or would adversely impact the ability of the state to develop <br />its compact entitlements. It is in this area. however. more <br />than any other. that water policy in Color.ado is in a state of <br />flux as the state debates how to respond to issues such as <br />saliniti control in the Colorado River basin; water quality <br />program requirements in general; endangered species habitat <br />requirements; and imposition of conditions in federal permits <br />pertaining to instream flows. improvements in efficiency of <br />water use. mitigation of fish and wildlife impacts. etc.; and <br />to federal water rights claims for instream flows for various <br />purposes. <br /> <br />Water Development Aqencies <br /> <br />An important component of Colorado's water pOlicies has <br />been the policy of enabling the creation of a large number of <br />different kinds of special purpose governmental or <br />quasi-governmental entities. each tailor made to handle certain <br />water development programs or activities. Furthermore. it has <br />been the state's policy to vest considerable autonomy and <br />authority in these entities. thereby reducing the role of <br />general purpose governments in water resources development. <br />This reflects the historically accepted view that water <br />resources decisions require special expertise and deserve <br />special attention by entities solely devoted to that purpose. <br /> <br />-6- <br />
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