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HOLLAND&HART.v " 'ulY13,ZOO' <br />Page 5 <br />Le2islative Creation of a Salvage Water Credit <br />Without limiting the available alternatives, an option for consideration by the task force would <br />be a legislative proposal to allow the creation of a salvage water credit that could be claimed by <br />persons who reduce naturally occurring consumptive uses like evaporation, sublimation, or <br />evapotranspiration associated with phreatophytes. The countervailing policy considerations <br />outlined in the Shelton Farms decision should be carefully assessed. Possible provisions of such <br />legislation could include: <br />• Creation of appropriate district authorities with right to condemn on a selective basis, as <br />suggested by Justice Day in Shelton Farms; <br />• Total or partial credit for salvage. For example, the salvager could claim a percentage of <br />the water made available, while the remainder accrued to the stream for use by senior <br />priorities; <br />• Credit only for salvage of water that was never historically available to senior <br />appropriators (consistent with the "water thieves" reasoning of Shelton Farms, but <br />contrary to the more expansive rule announced in R.J.A., Inc.); <br />•"Target" incentives based on particular resource objectives. For example a special <br />salvage credit could be created for removal of tamarisk (salt cedar); <br />• Environmental review process to protect other resource values such as native vegetation, <br />wildlife habitat, and soil conservation. <br />3734522_6.DOC