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Last modified
7/14/2011 11:25:56 AM
Creation date
1/18/2008 1:07:44 PM
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Publications
Year
1991
Title
Interstate Transfers of Water: State Options After Sporhase
CWCB Section
Administration
Author
Richard S Harsberger
Description
Interstate Transfers of Water: State Options After Sporhase
Publications - Doc Type
Historical
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<br />1991] <br /> <br />INTERSTATE TRANSFERS OF WATER <br /> <br />849 <br /> <br />( <br /> <br />the use of citizens of the state of Colorado, e&B1p-aotsihave been en- <br />'1;~xedmtoiwiththe downstream states on all the major rivers <br />. o~ginatingin Coloraao. <br />(b) It is also recognized that it has been the continuing histori- <br />cal policy of the state of Colorado to conserve and prevent waste of <br />its water resources to provide adequate supplies of water necessary <br />to insure the continued health, welfare, and safety of all of its citi- <br />zens. Accordingly, the general assembly hereby determines that, <br />for. the purpose of conserving the scarce water resources 'of this <br />state and to thereby insure the continuing health, welfare, and <br />safety of the citizens of this state, it is'\unlawful for any person, in- <br />cluding a corporation, association, or other entity, to divert, carry, <br />or transport by ditches, canals, pipes, conduits, natural streams, wa- <br />tercourses, or any other means any of the water resources found in <br />this state into any other state for use therein without first comply- <br />, ing with this section and,'section 37-81-104. <br />(2) To effectuate the purposes of subsection (1) of this section <br />and section 37-81-104, no person may divert, carry, or transport any <br />surface or ground water from this state by ditches, canals, pipes, <br />conduits, natural streams, watercourses, or other means without <br />meeting the requirements for"-.~"'~~~ to construct a weU <br />if the source of water is to be ground water'" if a well permit is not <br />required without first pbtainmgan -adjudication from the water' <br />court for the right to use water outside the state. In the case of a <br />well for which a permit has been issued for a use of ground water <br />within Colorado, a change of use for a us~ide the state must be <br />approved by the water court or, if it is designated ground water, the <br />change must be approved by the Colorado ground water commis- <br />sion. A person desiring to divert, carry, or transport any water <br />outside Colorado shall file an appropriate application therefor and <br />comply with the requirements of this section in addition to any <br />other requirements, terms, and conditions provided or authorized <br />by law pertaining to ,such application. <br />(3) ~: appro~~Ci)_~~~gin.e.er, <br />ground water commission, or water judge, as the case may be, muSt <br />;;firid that: <br />(a) The proposed use of Water outside this state is expressly <br />authorized by interstate compd1P or credited as a delive~o an- <br />Elther state pursuant to section 37 -81-10~ that the proposed use of <br />water tloes not impair the ability of this state to comply with .its <br />obligations under any judicial decree liOilinterstate compact which <br />apportions water between this state and any other state or states; <br />(b) The proposed use of water ,is not inconsistent with the rea.. <br />sonable conservation of the water resources of this state; and <br />(c) The proposed use of water will not deprive the citizens of <br /> <br />( <br /> <br />HeinOnline -- 70 Neb. L. Rev. 849 i991 <br />
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