9369 ‎(2)‎

• UCREFRP Catalog Number: 9369
• Author: Colorado Water Workshop.
• Title: 12th & 13th Annual Colorado Water Workshop.
• USFW Year: 1987.
• USFW - Doc Type: Western State College of Colorado.
• Copyright Material: NO

-'

THE DEVELOPMENT OF WATER POLICY IN COLORADO
by JAMES S. LOCHHEAD

There are two viewpoints generally expressed in Colorado con-

cerning statewide water resource planning. Some suggest the

state has no "water plan", and that a plan is needed to direct

water development in a more ef f icient, logical, and envi ronmen-

tally sensitive manner. Others assert this state does have a

water plan--the doctrine of prior appropriation. Both positions

are inaccurate. In fact, Colorado has existing and evolving

water policies, and an institutional framework for establishing

such policies that goes far beyond the individual right of

appropriation. Water use and development in this state is very

directly influenced by public policies, which are generated

through legislative, executive and judicial processes.

The legislature has created water policy agencies, and pro-
mulgates direct water policy. Executive agencies implement
legislative directive, are used by the legislature as resources,
and develop their own policies and rules within their authority.
The judiciary has developed case law and interpreted statutory
law in a manner that reflects the evolution of public policy.
Although the system can be improved, it remains flexible enough
to accomoda te change wi thout the complete overhaul that some
interests suggest is necessary. Certainly, the Colorado system
is much more flexible and accountable than would be a super water
agency purporting to act in the public interest, or a single
water plan which would dictate development.

-1-