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<br />,
<br />
<br />Overview
<br />(continued from page 5)
<br />
<br />that western state legislatures have passed
<br />during recent decades, a number of court
<br />decisions have established precedents that
<br />will be useful in coping with the Colorado
<br />Doctrine. Because progress has been made
<br />in state and federal courtrooms as well as
<br />in the U.S. Congress and state legisla-
<br />tures, water rights are not as secure as
<br />those who now enjoy ownership of them
<br />would like to believe. The recognized
<br />beneficial uses of water can be extended to
<br />include in-stream flows despite. the Colo-
<br />rado Doctrine and its rigid reliance on
<br />prior appropriation...
<br />
<br />NOTES
<br />
<br />I. Colo. Canst. art. LVIII, 16. See, also, General
<br />Laws of Colorado, chap. SO, 515 (1877).
<br />2. A. D. TarIock, Law of Water Rights and Re-
<br />sources (New York: aark Boardman Company, Ltd.,
<br />1988), sec. 3.12(4). See also, J. L. Sax, "The Consti-
<br />tution, Property Rights and the Future of Water
<br />Law," Western Water Policy Project Discussion
<br />Series paper no. 2 (Boulder, Colo.: University of Col-
<br />orado School of Law, 1990), 10.
<br />
<br />3. 1861 Colo. Sess. Laws; 1862 Colo. Sess. Laws;
<br />1864 Colo. Sess. Laws, 3rdSess. 1131-33. See, also,
<br />1860 Laws of Jefferson Territory, chap. 19, 214.
<br />4. Note I above.
<br />
<br />5. M. E. Large, "An Appropriation to Private Use
<br />of Land and Water in the St. Vrain Valley Before the
<br />Foundinl of the Chicago-Colorado Colony (1871)"
<br />(M.A. thesis. University of Colarado, 1932), 34. See,
<br />also, 1879 Colo. Sess. Laws, W-46, 94-108; and Col-
<br />0ITId0: Report of the Stale Engineer for the Years 1883
<br />and 1884 (Denver, Colo.: The Times Co., 188S), 21.
<br />6. Ibid.
<br />
<br />7. Colorado State Archives, Denver, case no. 1103
<br />in the District Court, Boulder County, captioned Left
<br />Hand Ditch Co. v. Reuben Cojfin, et al. Appealed as
<br />case no. 1185 to the state supreme court as George Co!-
<br />flit, et aI. v. The Left Hand Ditch Co., 6 Colorado
<br />443.
<br />
<br />8. J. Maret Jenkins, "Left Hand Ditch Company
<br />Had Its Beginning in 1860: Its History Records FIghts
<br />with Miners, Court Litigation" (Boulder, Colo.: Car"
<br />negie Library, vertical me, Water).
<br />9. Colorado State Archives, note 7 above.
<br />10. Rocky Mountain News, II October 1866, 2.
<br />II. Colorado State Archives, note 7 above; and
<br />Large, note 5 above.
<br />12. George Coffin, el' al. v. The Left Hand Ditch
<br />Co., 6 Colo. 443, at 446. Speaking for the court, Jus-
<br />tice Hebn appears to have read more into the act of 26
<br />July 1866, regarding prior appropriation. See 19, 14
<br />Stat. 251; and Colo. Canst., note I above.
<br />13; 1864 Colo. Sess. Laws, note 3 above.
<br />14. Colorado State Archives, note 7 above.
<br />IS. George CofJin, et al. v. The Left Hand Ditch
<br />Co., page 452, note 12 above.
<br />16. Colorado: Report of the State Engineer, note 5
<br />above.
<br />
<br />17. Sax, page IO^, note 2 above.
<br />18. U.S. Water News, "Utah Considers IRstream
<br />Law," January 1992, 15.
<br />
<br />44
<br />
<br />ENVIRONMENT
<br />
<br />
<br />As a cosponsor of the International
<br />. Conference on an Agenda of Science
<br />for Environment and Development into
<br />the 21st Century (ASCEND 21)~ held in
<br />Vienna from 25 to 29 November 1991, the
<br />European Science Foundation (ESF) has
<br />been concerned with promoting a wider,
<br />interdisciplinary approach to global prob-
<br />lems. In his keynote speech at the ASCEND
<br />21 conference, ESF president Umberto
<br />Colombo highlighted this approach:
<br />
<br />Global problems, par excellence, demand
<br />the harnessing of. all of human knowl-
<br />edge. Interdisciplinarity is the only way by
<br />which man canfirs/comprehend their sig-
<br />nificance and then seek solutions. . . . The
<br />relationship between the protection of
<br />global climate and development is an out-
<br />standing example of the importance of a
<br />wide interdisciplinary approach. . . . We
<br />must recognize the essential linkage be-
<br />tween our scientific findings and policy-
<br />making and try to widen the channels of
<br />communication through which scientific
<br />knowledge is transmitted to the political
<br />arena. Moreover, the essentially interna-
<br />tional dimension of modem science, which
<br />knows no manmade frontiers, may help a
<br />new intemationafapproachto global prob-
<br />lems to evolve, based on a broad interdisci-
<br />plinary contribution,
<br />
<br />ESF is working to achieve these goals
<br />through. its own programs and through
<br />those undertaken in cooperation with oth-
<br />er organizations.
<br />Established in 1974, ESF is an associa-
<br />tion of 59 research councils, academies,
<br />and institutions devoted to basic scientific
<br />research in 21 countries. ESF brings Euro,
<br />pean scientists together to work on topics
<br />of common concern, to coordinate the use
<br />of expensive facilities, and to discover and.
<br />derme new endeavors that will benefit
<br />from a cooperative approach. The scien-
<br />
<br />JOHN H. SMITH is secretary of the European
<br />Science Foundation in Strasbourg, France.
<br />
<br />tific work sponsored by ESF includes
<br />basic research in the natural sciences, the
<br />medical and biosciences, the humanities,
<br />and the social sciences.
<br />In 1991, the ESF budget was approxi~
<br />mately 50 million francs, of which 11 per-
<br />cent was devoted to environmental scienc-
<br />es. In this field, the range of ESP activities
<br />is conceived as an interlocking set. of pro,
<br />grams that, by covering environmental is-
<br />sues from societal to cellular levels, will
<br />produce important synergies and data sets
<br />that can inform researchers on the rele-
<br />vance of questions addressed and optimal
<br />experimental design.
<br />Programs currently in operation in-
<br />clude the Assessment of Environmental
<br />Damage (EDA), incorporating the whole
<br />field of environmental toxicology; a fel-
<br />lowship program in toxicology designed to
<br />serve the practical research needs of ED A
<br />as well as mammalian toxicology; the For-
<br />est Ecosystems Research Network, which
<br />studies the stability and destabilization of
<br />forest ecosystems in Europe; a joint
<br />ESF/European Commission Advisory Pan-
<br />el on Environmental Cltangc, which func-
<br />tions as a think tank in defining areas of
<br />promise and priorities in environmental
<br />research; and the Environment, Science
<br />and Society (ESS) program, which address-
<br />es the economic, institutional, and socie-
<br />tal aspects of environmental problems and
<br />their possible' resolutions.
<br />
<br />The ESS program, which is an initiative
<br />of the ESF Social Sciences Coll1l1lit-
<br />tee, is now in its third year of operation.
<br />The program adopts a dual .approach, com-
<br />bining smaIl working groups, or task forc-
<br />es, and pilot empirical research projects,
<br />and concentrates on two main fields of en-
<br />quiry: environmental economics and insti-
<br />tutional response, The program's theory-
<br />building task forces address three related
<br />themes, each from an economic and insti-
<br />tutional perspective: selection of policy in-
<br />struments relating to choice under uncer-
<br />tainty; evolution of policy instruments;
<br />and international issues. So far, the pro-
<br />gram has established six task. forces and
<br />commissioned empiricaJpiIot projects on
<br />North Sea research that address waste dis-
<br />posal strategies and the management of
<br />eutrophication. Joint sessions of the task
<br />forces were held in July 1990 in Alpbach,
<br />Austria, and further meetings of each task
<br />force have been held since, The Jinked em-
<br />pirical pilot projects got under way in the
<br />autumn of 1990, and workshops involving
<br />the collaborating. research teams are. held
<br />each November.
<br />In December 1990; a workshop was held
<br />that brought together environmental re-
<br />searchers working . in the Mediterranean
<br />
<br />July/August1992
<br />
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