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<br />The Roots of a Crisis <br /> <br />Colorado's rivers are depleted due to a wide variety <br />of human uses, including agricul"tural. municipal, <br />hydropower, and recreational uses. Water is allocated <br />among these and other uses under the prior <br />appropriation doctrine, which was adopted by the <br />Colorado constitution at statehood. This doctrine <br />allows those who divert (i.e., remove) water from a <br />stream to obtain a water right for their use of a certain <br />amount of water. Water rights are real property <br />rights, similar to ownership of land, and they may be <br />bought and sold. To obtain a water right, the diverted <br />water must be put to beneficial use - the use of a <br />reasonable amount of water to accomplish a specific <br />purpose, without waste. Common beneficial uses <br />include irrigation, domestic, municipal and industrial <br />uses. The list of uses has expanded over time, but <br />no use previously deemed beneficial has ever been <br />removed from the list. <br /> <br />~ Colorado <br /> <br />The Colorado River in Glenwood Canyon <br />suffers from S2'le;~ depietions due to the <br />unintended consequences of Colorado's water <br />law. Just east of Gier,"NOod Springs. the Shoshone <br />:~jdropower plant ;,05 senior water rign>:s of <br />1408 cTS. Shoshone, unlike many large <br />hydroelectric facilities, diverts flowing river water <br />direGiy La its turbines rather than storing water <br />in a reservoir. \Nhen Colorado River flows drop <br />below 1408 cfs, so that there is not enough water <br />in the river to satisfy the Shoshone right, the <br />power plant can call the river for its water. This <br />call requires upstream water users with junior <br />rights to stop diverting water so that the water <br />they let pass their points of diversion makes it <br />downstream to the Shoshone plant~ which can <br />then divert its full 1408 cfs right. However, <br />once the Shoshone plant calls for water to satisfy <br />its senior right, it must divert and use the water <br />called for its decreed purpose (hydropower). <br />The Shoshone plant or.ly"calls"the river during <br /> <br />" <br /> <br />vVater La\v Basics <br /> <br />A \vater right's \alue depends on its seniority: "first <br />in time is first in right." Seniority dates from when <br />the diverter first put the water to LIse. The water user <br />with the earliest or most "senior" water right on a <br />stream gets 1009'e of his/her water right before the next <br />"junior" user in line gets any water. Thus, a senior <br />user whose right is not being met can "call" the river, <br />which will cut <br />off junior users <br />until the senior <br />right is satisfied. <br />Accordingly, the <br />more senior the <br />right, the more <br />valuable it is. <br /> <br /> <br />low fIo'.'! <br /> <br />periods, c:-ici i~ <br /> <br /> <br />i,,~: ':3 ~~':J;:~:::;. 7"~-= :nighty Colorado River itself <br />is left 'N:t:1 only '.<-~: :ittle water leaks out of <br />the pO'N2r plant's :-"2~dgate, as seen in the photo <br />above. E'len if ~~2 ::";;nt operators were willing <br />to use ;255 wa'c2r during these low flow periods, <br />Colorado's water :?'. system would not ailov'l <br />them to put the sc",ec water back into the river <br />- instead, upstiea... ";Jater users cOl)ld div2i't the <br />water in priority long before it ever reached <br />Glenwood Canyon. The irony in this situation is <br />that, by calling \Nater down to Glenwood Canyon, <br />the Shoshone cail plays a critical role in keeping <br />upstream portions of the Colorado River flowing, <br />segments that would otherwise be drawn to <br />critically low levels by upstream water users. <br />Unfortunately, this works at the expense of <br />leaving several mi:25 of the Colorado River in <br />GlenwGcd C~:>:;- :./ fsr up tc ~ -::"'::?7<S a /~Jr. <br /> <br />'OJ <br />