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been or will be improved as part of the Salinity Control Program, the cost to implement system improvements will be limited to additional check structures, automation, within-system side channel storage, and any additional cost the GVWUA may experience for operation and maintenance of the improved system. Legal Under State of Colorado water law, if you do not need your entire diversion amount, the excess is simply returned to the "waters of the state." The water is then available to other water users for appropriation. This requirement does little to encourage change or to undertake costly measures, such as check structures and automation, to improve system efficiency. Water users who are forced to buy water, have shortages of water, or pump their water often make efficiency enhancements. However, due to the seniority of the water rights held for use by the GVWUA and the ability to rely on storage releases, the lack of water supply and the cost of water will not justify system improve- ments. Institutional From the perspective of the GVWUA why should they desire to participate? Are the improvements beneficial enough to the users or organization? The improvements would require increased maintenance due to the additional new strictures and a perceived loss of irrigation water rights. Their irrigation system may be more stable with the improvements but they understand how their system operates now. They have learned the "art" of their system. Is the GVWUA expected to feel some moral obligation to assist in recovering the endangered fish? Under current water law, the benefits of the proposed improvements are of such little value to the GVWUA that some form of encouragement will be required. Will this encouragement be a "carrot or a hammer?" The Hammer There is endless debate over whether Reclamation has a hammer to encourage water users. The environmental community would most likely swear that we do, the water user community would most likely swear that we don't, and would surely swear at us if we tried to use it. The debate focuses around the fact that Reclamation holds title to the irrigation systems and, as in the case of the Grand Valley Project, the water rights are in the name of the United States.