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Section 5 <br />Legal and Engineering Considerations <br />South Platte Task Force on July 12, 2007. These two documents present greater detail <br />on the issue of salvaged and saved water. <br />Conserved Consumptive Use Water <br />Saved and salvaged water, as currently construed in Colorado, do not include the <br />concept of water potentially conserved through the reduction of crop consumptive <br />use. The transfer of this water, while theoretically possible under Colorado water law, <br />has not yet been tested in water court or codified by t11e legislature. Cor~served CU <br />Water, as described u1 this paper, describes water that is part of the consunlptive use <br />of a water right that is pernlailently removed fronl an irrigated croppi~lg system (or <br />otller beneficial use). <br />Implications <br />What are the legal im~lications for agricultural users that want to implement on-farm <br />water conservation nleasures? Colorado Water Law pernuts the use of conservation <br />measures. Dependulg on how these nleasures are inlplenlented, flley could result in <br />ulcreased consunlptive use, reduced retunl flows and/ or increased irrigated acreage <br />(if those acres were part of the origi~lal water rigllts decree) and therefore reduce <br />retl.irn flows, potentially inlpactulg other water rights or conlpacts. These issues place <br />added responsibility on the State Engineer to ensure that other water rigllts are not <br />injured and the basin is in compliance with interstate compacts. Conversely, the <br />irrigator can acconlplisll his historical consunlptive use with less total streanl <br />diversions via inlplementation of conservation ineasures. T11e only water t11at is <br />transferable is the 1listorical consumptive use and as described previously, fllis often <br />entails a lengthy and costly process through the Water Courts. <br />DRAFT 5-6 <br />