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Last modified
8/11/2009 11:32:54 AM
Creation date
8/10/2009 12:13:01 PM
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UCREFRP
UCREFRP Catalog Number
4202
Author
Wilkinson, C. F.
Title
Colorado Water and the Lords of Yesterday.
USFW Year
1987.
USFW - Doc Type
\
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of yesterday. These lords are not people but rather are a bat- <br />tery of 19th century laws, policies, and ideas that arose under <br />wholly different social and economic conditions but that remain <br />in effect due to powerful lobbying forces and a lack of public <br />awareness. In other fields, the lords of yesterday include the <br />Hardrock Mining Law of 1872; the dedication of the public range <br />to unmanaged, subsidized grazing of domestic stock; the dedica- <br />tion of many of our national forests to below-cost timber sales; <br />and the domination of the rivers of the Pacific Northwest by <br />hydropower, to the detriment of the great salmon and steelhead <br />runs. In water, the lords of yesterday include those branches of <br />prior appropriation that give absolute protection to inefficient <br />existing uses under the rubric of vested rights; allow extensive, <br />unregulated nonpoint source pollution; fail to provide a fair <br />return to the government for the use of public water; give inade- <br />quate protection to rural communities; and leave our rivers and <br />canyons mainly to the discretion of individual appropriators with <br />little public oversight. <br />Western resources law and policy has begun to loosen the <br />grip of the lords of yesterday in several respects. In most <br />major resource areas -- land use, timber, range, minerals, <br />wildlife, recreation, wilderness, and, increasingly, water -- <br />governments make decisions on the basis of planning and resource <br />management, including the regulation of private uses, to the <br />extent constitutionally allowed. The idea is that these issues <br />are too site-specific for a legislature; not fully amenable to <br />-11-
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