7936

• UCREFRP Catalog Number: 7936
• Author: McDonald, J. W.
• Title: A Primer On Colorado's Water Policies.
• USFW Year: 1988.
• USFW - Doc Type: \
• Copyright Material: NO

historically been viewed as providing for the consideration of
impacts and equities only through the construction of
"compensatory" storage. While the geographical dimensions of
this policy originate in the historical tensions between the
west slope and the east slope, recent proposals to purchase
large amounts of water from agricultural users in east slope
basins for transfer to municipal uses in the Denver metro-
politan area illustrate that the issue of basin-of-origin
compensation is not confined to its historical context.
Ground Water Policies
Ground water which is tributary to perennially flowing
streams is treated under state law as part of the surface water
system. Thus, it is essentially available for appropriation
and use subject to the previously described policies.
Non-tributary ground water and ground water in areas not
adjacent to perennially flowing streams which has been an
area's primary source of supply (referred to as "designated
ground water" by statute) are essentially non-renewable
resources. Their use thus presents the public policy question,
as with all non-renewable natural resources, as to the rate at
which they should be used up, if at all.
Colorado has extensively addressed this question in
statutory law, with the fundamental policy being that these
non-renewable water supplies will be used without limitation as
to the kinds of use that can be made (e.g., these water sources
are not reserved solely for municipal use or for use only
during drought). Furthermore, Colorado has consciously adopted
explicit policies as to the rates at which these resources may
be depleted, with those rates being a function of various
public policy considerations.
Protection of Interstate Compacts
For obvious reasons, it falls to state government agencies
to determine and to protect water right holders' collective
interests in interstate compacts and equitable apportionment
decrees of the U.S. Supreme Court and in the water resources of
interstate streams in general. Colorado has Iong had a policy
of aggressively protecting its interests in this regard, by
acting through the relevant compact commissions and admini-
strations, by interfacing with federal agencies which have
responsibilities for or can otherwise influence the.
implementation of compacts and U.S. Supreme Court decrees, and
by aggressively defending ourselves in litigation where that
has become necessary.
Water Resources Development
Although state government agencies do not have the
authority to directly decide how Colorado's water resources
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