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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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<br />which can be protected only as junior rights; economics; conser- <br />vation; local land use planning; and the needs of federal lands. <br />Under Colorado law, all of those things are linear and parallel <br />to each other. As Aldo Leopold would put it, water policy ought <br />to be a plane that cuts across those things. <br />Second, Colorado ought to exact a charge for the use of <br />water, just as governments routinely do when other natural <br />resources are used for consumptive purposes. The charge, which <br />should be levied on every acre-foot diverted, ought to be modest <br />but should be gradually increased. The use of a pricing mecha- <br />nism such as this would be a powerful tool for conservation. The <br />old, established uses have few present economic incentives to <br />conserve water. <br />Third, Colorado ought to adopt a broad-based charter to <br />require water efficiency. Beneficial use ought to be defined by <br />drainage and subdrainage through rule-making. The State <br />Engineer's Office then ought to enforce phased-in, true benefi- <br />cial use standards and in so doing would make an important step <br />toward becoming a water manager in the modern sense of the <br />phrase. Colorado law already requires the optimum use of water, <br />prohibits the waste of water, and makes waste a misdemeanor <br />punishable by a fine of not less than $100. C.R.S. <br />§ 37-92-501(2)(e), §§ 37-84-107--109. The Colorado Supreme Court <br />has made it clear that beneficial use does not include waste, <br />even if an old decree may allow a particular amount of water to <br />be diverted: "There is read into every decree awarding priori- <br />-14-
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