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University of Colorado Law Review Volume 55 Issue 3 Spring 1984
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University of Colorado Law Review Volume 55 Issue 3 Spring 1984
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Plans and Studies: The Recent Quest for a Utopia in the Utilization of Colorado's Water Resources
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410 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55 <br /> there be a moratorium on transbasin diversions? Should state financ- <br /> ing for water resource development be expanded? Should state water <br /> management policies be coordinated with land use and other poli- <br /> cies? Should stricter water quality control measures be enacted? The <br /> report said the questions were asked to "stimulate thinking."'" <br /> The questions asked often refer to land use controls. At the time <br /> of the report's preparation from 1971-1974, there was new legisla- <br /> tion and extensive debate about growth and land use in Colorado. <br /> When the debate ended, the long tradition of local control of land <br /> use was still in place. This, together with the limited role of the state <br /> in water development, pushed land use controls into the background <br /> in discussions about utilization of water resources.'2° <br /> Phase II was a straightforward description of state and federal <br /> laws and agencies. Only a passing reference was made to the re- <br /> cently issued National Water Commission Report, but at the same <br /> time Phase II told how Colorado's appropriation doctrine allowed <br /> water to flow toward "those areas within the state that have the <br /> money and power to acquire water,"121 the very thrust of the Na- <br /> tional Water Commission Report. The Commission was simultane- <br /> ously contending that "sound economic principles should be adopted <br /> to encourage a better use of water resources and prevent waste. . . . <br /> [C]onsumer willingness to pay is the best indication of proper water <br /> use, subject to environmental controls."'" <br /> The two reports were like ships passing in the night, perhaps <br /> because Colorado already practiced what the Commission was <br /> proposing. <br /> Phase III, the Plan Formulation, never became a reality. Its <br /> proposed content included Objectives of Development, Economic <br /> Base Studies, Future Water Requirements Projections, Water Defi- <br /> cient Areas and Resource Availability for Those Areas, Potential <br /> Water Resource Development Plans, and Alternative Plans.123 Phase <br /> III was to illustrate how a state water plan could enhance economic <br /> development, social well-being and quality of environment, and to <br /> 119. STATE OF COLORADO AND U.S. DEPT OF INTERIOR, COLORADO STATE WATER <br /> PLAN, WATER FOR TOMORROW: PHASE I -APPRAISAL REPORT, 6.31 (February 1974). <br /> 120. See Merson & Eastman,supra note 117, at 555-56. <br /> 121. STATE OF COLORADO AND DEP'T OF INTERIOR,COLO.STATE WATER PLAN PHASE <br /> II, REPORT ON LEGAL AND INSTITUTIONAL CONSIDERATIONS, 5.4 (August 1974). <br /> 122. See Meyers, The Busy Practitioner's Guide to the National Water Commission • <br /> Report, 19 ROCKY MTN. MIN. L. INST. 513, 515 (1974). <br /> 123. STATE OF COLORADO AND U.S. DEPT OF INTERIOR, COLORADO STATE WATER <br /> PLAN, PLAN OF STUDY, 11-13 (March 1971). <br />
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