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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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412 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55 <br /> what factual data was available and discoverable and what <br /> delays should be imposed until better data was available.132 <br /> In 1976, in response to these uncertainties, the state legislature <br /> proposed and funded a new study of Colorado water law; however <br /> the legislature provided little direction for the study.133 The study <br /> started where the others had — with a careful examination of Colo- <br /> rado's water law. In 1978 a large volume entitled The Colorado <br /> Water Study, Directions for the Future, Legal Studies was issued. <br /> The study began to pick up and elaborate on the new themes that <br /> were becoming evident from the National Water Commission Re- <br /> port, the Report to the Governor and from the experience of living <br /> under the restraints of the 1970's.134 The study remains a useful <br /> compendium of legal analysis for everyone in the state. However, it <br /> never came to closure. Several unsatisfactory drafts of a project <br /> summary were prepared. The project was transferred from the office <br /> of the Director of Natural Resources to the Colorado Water Conser- <br /> vation Board. The work of the study is being utilized in the ongoing <br /> formulation of state water policy in what continues to be a fast- <br /> changing entrepreneurial water allocation system, tempered by envi- <br /> 132. Address by Pascoe, Environmental Law Seminar, Int'l Bar Ass'n (1982). <br /> 133. 1977 Colo. Sess. Laws 58. <br /> 134. COLO. DEP'T OF NATURAL RESOURCES, THE COLO. WATER STUDY, DIRECTIONS <br /> FOR THE FUTURE, LEGAL STUDIES (1978). The principal headings are: <br /> The Current Legal System. <br /> I Summary of Colorado Water Law. <br /> II A (Brief) History of Colorado Water Law. <br /> III Inventory of Regulatory and Management Authority Over Water in <br /> Colorado. <br /> The Colorado Water Rights System and the Public Interest. <br /> IV "Public Interest" Values and the Colorado Water Rights System. <br /> V Survey of the Public Interest Laws of Other States. <br /> VI Private Means of Protecting the Public Interest in Water Resources. <br /> VII Protection of the Public Interest in the Subsequent Allocation of Water. <br /> VIII Opportunities for the Assertion of the Public Interest in State Naviga- <br /> ble Public Waters. <br /> IX New Mechanisms for the Assertion of the Public Interest Under the <br /> State's Police Power. <br /> X Protection of the Public Interest Through Increased Spending of Public <br /> Funds. <br /> XI Taxation of Water Rights or of Transfers of Water Rights. <br /> XII Legal Analysis of a State Water Bank. <br /> XIII Establishment of Wild and Scenic Rivers. <br /> Special Legal Issues. <br /> XIV Plans for Augmentation. <br /> XV Volume Decrees v. Flow Decrees. <br /> XVI Nontributary,Nondesignated Ground Water and Senate Bill 213. <br />
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