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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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Template:
UCREFRP
UCREFRP Catalog Number
9351
Author
Hobbs, G.
Title
Water For Recreation, Water Quality, and Wetlands".
USFW Year
1990.
USFW - Doc Type
\
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It is inconceivable that we maintain the prior <br />appropriation doctrine without change. First, Colorado water law <br />has continued to change throughout its history, in direct <br />response to altering economic conditions and publicly held <br />values. Secondly, the CWCB program was a marked departure from <br />traditional views of what the prior appropriation doctrine could <br />accommodate. Thirdly, and most importantly, an economically <br />diverse and liveable Colorado in the Twenty-First Century demands <br />that water for recreation receive an adequately funded State <br />commitment. This can occur without impairing the value of water <br />rights appropriated for other purposes. To the contrary, other <br />water rights will likely become even more valuable as the <br />recreational water demand grows and takes its place in the <br />appropriation system and in the competitive market for existing <br />water rights. Achieving this result does not require a <br />constitutional amendment or a radical judicial departure from <br />Colorado water law. Appropriation of recreational instream flows <br />by the State Parks Department should occur in consultation with, <br />or in conjunction with, the Colorado Water Conservation Board to <br />minimize conflicts between rights and between the programs of the <br />two Boards. <br />If, however, the public's interest in recreational <br />water use is not accommodated, the ability of the prior <br />appropriation doctrine to serve Colorado's changing needs will <br />continually be placed into question. The call for major <br />modification or abolition of the prior appropriation doctrine is <br />already being heard in the State, largely because of the <br />-26- <br />
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