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L - <br />market solutions; and inappropriate to leave wholly to private <br />decisionmaking. Thus, we have employed administrative agencies <br />to refine some nuances of, and enforce, the public interest. <br />The field of water policy has lagged behind in these devel- <br />opments. In Colorado, the State Engineer's Office acts as a <br />distribution agency whose main duty is to allocate water precise- <br />ly in accordance with the provisions of judicial decrees, even <br />though those judicial decrees typically allow waste of water. To <br />be sure, this state has developed a progressive law providing for <br />instream flows. But the law was not enacted until 1973, so that <br />any rights under it are junior to the tens of thousands of <br />established vested rights. The emerging policy of wildlife miti- <br />gation applies only to new uses. Seniority continues to rule on <br />nearly every stream in the state. Deep reform cannot occur <br />unless senior rights are included. <br />Thus, water officials serve as administrators of existing <br />property rights, not as planners or managers of natural resources. <br />There is, of course, considerable irony in this. We have become <br />used to strict regulation of uses of land, but the vested <br />interests have succeeded in blocking regulation of water even <br />though the effects of water use are even more pervasive than the <br />effects of land use, because downstream uses can be affected <br />literally hundreds of miles away. <br />Nevertheless, we are in a new time for Colorado water and <br />state water officials and legislators should continue, in a <br />serious way, their current earnest process of reassessment. A <br />-12-