Laserfiche WebLink
<br />Moreover, the Colorado water policy framework is adapted to <br />the variety of conditions and problems that exist in this state. <br />The state has varying conditions of over use, abundent supply, <br />economic conditions and interstate relationships. To dictate a <br />water plan through a single document or agency would ignore <br />Colorado's geographic, hydrologic, economic, social and environ- <br />mental di vers i ty. Simply stated, what is appropr iate and ef f i- <br />cient in one area may not be so in another. Therefore, Colorado <br />has developed a layering of local, regional and state agencies <br />adapted to these divergent conditions. <br /> <br />In discussing Colorado's water policy, and whether this state <br />needs a "state water plan", it is important to remain cognizant <br />of the basic constitutional foundation of the prior appropriation <br />doctrine. That foundation is the right of the individual--a real <br />property right--to put water to beneficial use. The system is <br />decentralized. There is no single agency or official overseeing <br />water use and development on a statewide basis. Although the <br />right to appropriate water is subject to some regulation, the <br />state cannot dictate to the individual whether, or how, or when, <br />or where water will be used. If an appropriator has the finan- <br />cial ability to develop a project, he is essentially free to do <br />so. As long as water is being used in priority and in a reaso- f <br />nably efficient manner, the state has no direct authority. <br />Therefoce, basic decisions as to the allocation and use of water <br />resources must be made by individual appropriators, not by the <br />state. This is a legal "fact of life" that many who urge the <br />adoption of a "state water plan" ignore. <br /> <br />-2- <br />