PUB00159 - Laserfiche WebLink

Home Browse Search

848 NEBRASKA LAW I-U;V it; W for that purpose and shall comply with all relevant provisions of law of this state. Added by Laws 1989, Ch. 168, ~ 3. ~ 45-294. Limited nonapplicability Nothing in this article is intended to prescribe nor shall it interpreted to prescribe the terms, conditions or rules for the tr portation of water where the point of diversion or withdrawal the point of use are both within the state of Arizona. Added by Laws 1989, Ch. 168, ~ 3. B. California CALIF. WATER CODE ~~ 1230 to 1232 (West 1971). In 1911 California enacted an absolute, prohibition' on outf- state water transfers. The statute was repealed in 1917. California's present laws regulate out-of-state appropriations of water in mterstate streams. See CALIF. WATER CODE U l23Oto 1232 (West 1971). The subject is outside the scope of this study. C. ; :eb'toftido COLO. REV. STAT. ~~ 37-81-101 to 37-81-104 (1990). At the time of the Sporkase litigation, Colorado prohibited x- port of its groundwater. COLO. REV. STAT. ~ 37-90-136 (1973)(~:. pealed, L. 83, p. 1413, ~ 5, effective June 3, 1983), provided as, follows: For the purposes of aic:ling and preserving unto the state of Colorado and all its citizens the use of all ground waters of this state, whether tributary or non tributary to a natural stream, which waters are necessary for the health and prosperity of all the citizens of the state of Colorado, and for the growth, maintenance, and general welfare of the state, it is unlawful for any person to divert, carry, or transport by ditches, canals, pipelines, con- duits, or any other manner any of the ground waters of this state, as said waters are in this section defined, into any other state for use therein. Mter Sporkase was decided by the United State Supreme Co , Colorado amended its statutes governing out-of-state transfers.', The extant applicable Colorado statutes are: I ': 37-81-101. Diversion of water outside state - application re-~ quired _ special conditions - penalty.(1)(a) The general asse ly hereby finds and declares that the location and availability of w ter' in this state varies greatly from place to place and that the 'state a, whole suffers a shortage of water. The general assembly fu er recognizes that, because of Colorado's unique location at the h ad-: waters of four of the nation's major western rivers and becaus all the major river systems in Colorado flow out of the state, and tat;' in order to insure the availability of these scarce water resources for ,. \'"