WSPC12822

• File Number: 8200.700
• Description: Colorado River General
• State: CO
• Author: Silmon Smith
• Title: Analysis of Colorado's Share of Colorado River Water and It's Use, Consumptve, Present and Potential
• Water Supply Pro - Doc Type: Report/Study

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With reference to these items a short discussion of the Colorado law
is appropriate. Colorado from the beginning has espoused the doctrine of
prior appr opr:tati on of water. The Colorado River Compact was executed on
the theory of equitable division of the water and in order to protect the
slower developing interior where the water originates, from the faster de-
veloping Pacific Coast area, (which furnishes no water to this River) and
to protect the interior from the doctrine of prior appropriation. ' The
,Colorado River Compact contemplated use of some of the water from the
River in Colorado outside the River Basin. Traosmountain diversions have
been made from the basin to Eastern Colorado by agreement and on the
theory that such water was surplus over the needs of Western Colorado and
would otherwise be forfeited to the Lower Basin users.

There has always been a doubt as to how much, if any, of Colorado's
share was not needed, for the development of the natural basin. The Bureau
of Reclamation has undertaken this study J and the people have relied upon
the Bureau to complete the study. The work of the Bureau has been of
inestimable value to the arid West, but its nork is far from complete.
Western Colorado has urged the early completion of the study in Colorado
in order that the development might proceed in an orderly manner. For
more than ten years last past, however, the Bureau has exp~nded more than
twice as much of the public money in seeking to discover projects to
divert the water out of the natural basin than it has expended to dis-
cover how much, if any, water is available for export without damage to
the natural basin. Western Colorado has vigorously and without much
effect protested this program. We have urged the completion of the in-
basin study. Some years ago the arid west was divided into regions for
study and development. Colorado was placed in two regions: Region IV
and Region VII. The areas divide at the crest of the continental divide.
The Colorado Water Conservation Board advised against the division of the
State between two regions. The results have been worse than we feared.
We have competition instead of co-operation. We have confusion instead
of co-ordination.

In an effort. to correct this situation the Colorado Legislature in
1943 enacted an amendment to the Water Conservation District Act and on
page 636, Chapter 192 ,of the 1943 Colorado Session Laws appears this
language: "Provided, however, that any works or facilities planned and
designed for the exportation of water from the natural basin of the Colo-
rado River and its tributaries in Colorado, by any district created under
this' Act, shall be subject to the provisions of the Colorado River Com-
pact and the Boulder Canyon Project Act, as amended; that any such works
or facilities shall be designed, constructed and operated in such a
manner that the present appropriations of water, and in addition thereto
prospective uses of water for irrigation and other beneficial consump-
ti ve-use purposes, including consumptive uses for domestic, mining and
industrial purposes, within the natural basin of the Colorado River in
the State of Colorado, from which water is exported, will not be impaired
nor increased in cost at the e~nse of the water users within the said
natural basin; and that the facilities and other means for the accom-
plishment of said purpose shall be incorporated in, and made a part of,
any project plans for the exportation of water from said natural basin
in Colorado". This language incorporates the policy of the State of
Colorado in the use of the waters of the Colorado River within the State.

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