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and for longer periods during drought years. Thus, there is potential to consume additional <br />water in the South Platte River Basin if constraints resulting from the Endangered Species Act <br />can be addressed through the implementation of a basin -wide recovery plan. This recovery plan <br />is now under negotiation pursuant to a June, 1994 Memorandum of Agreement between the <br />Secretary of Interior, Governor Romer and the Governors of Nebraska and Wyoming. <br />Figure 1.1 shows the seven irrigation water divisions of the state, major streams, and the historic <br />average annual stream flows (USGS Water Resources Data, Colorado). As of 1993, more than <br />10 million acre -feet of water leave the state in an average year. Of that amount, approximately <br />87 % (9.097 million acre -feet) flows west from the Continental Divide toward the Pacific Ocean <br />and 13 % (1.337 million acre -feet) flows east toward the Atlantic Ocean. The location of the <br />state's water supply is in direct contrast to the location of consumptive use in the state, with <br />approximately 25 % located west of the Continental Divide and 75 % located east. The difference <br />in location between water supply and demand has resulted in the development of 24 <br />transmountain diversions within the state. (See Figure 1.2). <br />Figure 1.3 shows a typical hydrograph for two rivers in the state that are not significantly <br />impacted by upstream storage. As presented, approximately two- thirds of the runoff occurs over <br />one - quarter of the year. The seasonal timing of runoff has resulted in the development of many <br />surface reservoirs to capture the spring runoff for use later in the year. <br />Table 1.3 summarizes the total decreed absolute and conditional water rights in the state by <br />Water Division as of 1990. It clearly shows the magnitude and importance of reservoir storage <br />to manage the significant variances of runoff to better meet the demands of the users. As of <br />1990, a total of 8,747,632 acre -feet of reservoir storage had been constructed and decreed by <br />the court as absolute water rights. (Absolute water rights are those that have been placed to <br />beneficial use. Conditional water rights are decreed, but will be placed to beneficial use at some <br />future date, i.e., through development of the specific project). <br />Finally, Colorado law, which includes interstate compacts, governs the allocation and <br />administration of water rights in the state. Within Colorado, water is distributed according to <br />the prior appropriation doctrine. A comparison of Figure 1.1 with Table 1.3 clearly suggests <br />that if all conditional rights were to be developed, unappropriated water would not exist in the <br />state. Furthermore, such future development would often need to be curtailed in order to meet <br />the state's compact obligations. <br />