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Last modified
7/14/2009 5:02:34 PM
Creation date
6/1/2009 12:41:43 PM
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UCREFRP
UCREFRP Catalog Number
9351
Author
Hobbs, G.
Title
Water For Recreation, Water Quality, and Wetlands".
USFW Year
1990.
USFW - Doc Type
\
Copyright Material
NO
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(1989). States like Colorado determined that the public interest <br />could best be pursued by allowing severance of the water from the <br />land, as separate estates and property interests, so that <br />non-riparian uses could be served. The United States Supreme <br />Court has observed that "the public interest in such state <br />control in the grid land states is definite and substantial." <br />California Oregon Power Co. v. Beaver Portland Cement Co., <br />295 U.S. 142, 165 (1935) (emphasis added). <br />The prior appropriation doctrine exhibits three <br />principal attributes as a resource allocation system: certainty, <br />stability, and flexibility. Certainty is achieved by the <br />(1) recognition of a constitutionally protected property right in <br />the withdrawal and use of a specified quantity of water in <br />priority by appropriation from the available supply, which cannot <br />be divested except through lawful exercise of the condemnation <br />power and payment of just compensation and (2) the subordination <br />of new or changed appropriations and uses to those having <br />seniority. Stability is achieved by state administrative and <br />judicial enforcement of water rights according to their priority. <br />Flexibility is achieved by (1) recognizing, as beneficial, new <br />uses of water which reflect Colorado's economy and its publicly <br />held values and (2) allowing the conversion of existing water <br />rights from historically practiced or decreed uses to different <br />uses, subject to prevention of material injury as to all other <br />appropriations. <br />Colorado has been a pioneer in fostering flexibility of <br />beneficial use, in allowing changes of use, in making conjunctive <br />-15- <br />
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