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Last modified
7/14/2011 11:25:45 AM
Creation date
1/18/2008 1:05:22 PM
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Publications
Year
1997
Title
A Bibliographic Pathfinder on Water Marketing
CWCB Section
Administration
Author
Ronald A Kaiser
Description
A Bibliographic Pathfinder on Water Marketing
Publications - Doc Type
Other
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<br />if an allocation between appropriation States is to be just and <br />equitable, strict adherence to the priority rule may not be <br />possible. For example, the economy of a region may have <br />been established on the basis of junior appropriations. So far <br />as possible those established uses should be protected though <br />strict application of the priority rule might jeopardize them. <br />Apportionment calls for the exercise of an informed judgment <br />on a consideration of many factors. Priority of appropriation <br />is the guiding principle. But physical and climatic <br />conditions, the consumptive use of water in the several <br />sections of the river, the character and rate of return flows, <br />the extent of established uses, the availability of storage <br />water, the practical effect of wasteful uses on downstream <br />areas, the damage to upstream areas as compared to the <br />benefits to downstream areas, if a limitation is imposed on <br />the former -- these are all relevant factors. They are merely <br />an illustrative, not an exhaustive catalogue. <br /> <br />"Wasteful uses" were later given careful attention in the V ermejo River dispute, <br /> <br />where the Court made it clear that the availability of "reasonable conservation <br /> <br />measures" to reduce both Colorado's proposed upstream diversion and New Mexico's <br /> <br />existing downstream uses was an important consideration. Colorado v. New Mexico, 459 <br /> <br />U.S. 176, 186 (1982). The Court remanded the case to its Special Master for more <br /> <br />specific findings on the conservation issues and later concluded that Colorado had not <br /> <br />established by the requisite "clear and convincing evidence" that its proposed diversion <br /> <br />should be permitted. Colorado v. New Mexico, 467 U.S. 310 (1984). The Court <br /> <br />emphasized that the Special Master also erred in considering the extent of the <br /> <br />contribution to the interstate river made by the portion of the Vermejo watershed in <br /> <br />Colorado (jd. at 324): <br /> <br />16 <br />
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