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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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a <br />ties the implied limitation that diversions are limited to those <br />sufficient for the purposes for which the appropriation was made, <br />regardless of the fact that such limitation may be less than the <br />decreed rate of diversion." Weibert v. Rothe Brothers, 200 Colo. <br />310, 618 P.2d 367, 372 (1980). The Ninth Circuit Court of <br />Appeals and other western courts have found that "beneficial use <br />is a dynamic concept, which is variable according to conditions . <br />. . and therefore [is variable] over time." United States v. <br />Alpine Land & Reservoir Co., 697 F.2d 851, 855 (9th Cir. 1983). <br />California courts have taken the same tack. In 1986, in the <br />leading Sacramento Delta decision, the California Court of <br />Appeals said this: <br />No water rights are inviolable; all water rights are sub- <br />ject to governmental regulation . . . . If the Board is <br />authorized to weigh the values of competing beneficial uses, <br />then logically it should also be authorized to alter the <br />historic rule of 'first in time, first in right' by imposing <br />permit conditions which give a higher priority to a more <br />preferred beneficial use even though later in time. <br />United States v. State Water Resources Control Board, 182 Cal. <br />App. 3d 82, 277 Cal. Rptr. 161 (1986). <br />Those words did not come from liberal California judges. <br />They came up from the ground, from the stresses imposed by popu- <br />lation, development, wasteful practices, and scarce supplies. <br />They are precisely the same factors that we face in Colorado, <br />ever more severely each day. The adoption of regulations to <br />-15-
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