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7/14/2009 5:02:31 PM
Creation date
5/20/2009 10:22:58 AM
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UCREFRP
UCREFRP Catalog Number
7776
Author
Paddock, W. A. and W. C. Weiss.
Title
A Primer on Colorado Water Law.
USFW Year
1986.
USFW - Doc Type
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within the Dawson-Arkose, Denver, Arapahoe, <br />or Laramie-Fox Hills formation located out- <br />side the boundaries of any designated <br />ground water basin that was in existence on <br />January 1, 1983; <br />Section 37-90-103(6)(a), C.R.S. (1985 Supp.). <br />Designated ground water basins may be determined by the Colorado <br />Ground Water Commission pursuant to section 37-90-106, C.R.S. <br />(1973 & 1985 Supp.) if the ground water contained therein meets <br />the above definition, regardless of whether the ground water is <br />tributary or nontributary. <br />Designated ground water is subject to a modified system of prior <br />appropriation. Section 37-90-102(1), C.R.S. (1985 Supp.). The <br />Commission manages each designated ground water basin in accord- <br />ance with policies developed for the particular basin. Manage- <br />ment responsibilities may be shared with local management dis- <br />tricts. Sections 37-90-111, 118 to 135, 140, and 141, C.R.S. <br />(1973 & 1985 Supp.). Although the 1969 Act does not apply to <br />designated ground water, common law principles of prior appropri- <br />ation have been held to apply interstitially where the 1965 Act <br />is silent.114/ <br />V. INTERSTATE AND INTERNATIONAL STREAMS <br />Colorado contains the headwaters for many interstate and several <br />international streams. The majority of these streams are subject <br />to international treaties, interstate compacts or interstate de- <br />crees. Any time you are dealing with water from one of these <br />interstate/international streams, it is important to be aware <br />that Colorado may have an obligation to deliver a portion of <br />those waters to downstream states and that the treaty, compact or <br />decree may limit the use of waters from that stream. In this <br />sense, interstate/international agreements can place a "call" on <br />the stream requiring Colorado water users to stop taking water so <br />that it may be made available to uses in downstream states. The <br />following is a tabulation of the present interstate/international <br />compacts, treaties and decrees affecting use of water in Colo- <br />rado: <br />A. International treaties <br />1. Mexican Treaty on Rio Grande, Tiajuana and Colorado <br />-18-
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