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• Board Meeting Date: 3/18/2008
• Description: IWMD Section - Presentation of Agricultural Water Conservation Paper
• Board Meetings - Doc Type: Memo

Section 5
Legal and Engineering Considerations
South Platte Task Force on July 12, 2007. These two documents present greater detail
on the issue of salvaged and saved water.
Conserved Consumptive Use Water
Saved and salvaged water, as currently construed in Colorado, do not include the
concept of water potentially conserved through the reduction of crop consumptive
use. The transfer of this water, while theoretically possible under Colorado water law,
has not yet been tested in water court or codified by the legislature. Conserved CU
Water, as described in this paper, describes water that is part of the consumptive use
of a water right that is permanently removed from an irrigated cropping system (or
other beneficial use).
Implications
What are the legal implications for agricultural users that want to implement on-farm
water conservation measures? Colorado Water Law permits the use of conservation
measures. Depending on how these measures are implemented, they could result in
increased consumptive use, reduced return flows and/or increased irrigated acreage
(if those acres were part of the original water rights decree) and therefore reduce
return flows, potentially impacting other water rights or compacts. These issues place
added responsibility on the State Engineer to ensure that other water rights are not
injured and the basin is in compliance with interstate compacts. Conversely, the
irrigator can accomplish his historical consumptive use with less total stream
diversions via implementation of conservation measures. The only water that is
transferable is the historical consumptive use and as described preciously, this often
entails a lengthy and costly process through the Water Courts.
DRAFT 5-6