University of Colorado Law Review Volume 55 Issue 3 Spring 1984

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392 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55 reached completion and will argue that the Colorado framework has been successful in assuring that Colorado's water resources are care- fully used. It is fair to say that, in some respects, the discussion about plans and studies is simply a touchstone for looking at the state's role in the utilization of Colorado's water resources — what has that role been and should it change. And, while this article emphasizes Colorado, it is suspected that, with the exception perhaps of California, most western states have had similar experiences, primarily because the projects that could not be paid for by the consumer were planned, built, financed and, in large part, paid for by the federal government. I. THE PRE-1970 SETTING FOR UTILIZING COLORADO'S WATER A. State Water Plans and Studies As late as 1935, the State Engineer's office was the only Colo- rado agency supervising the state's water resources.' The legislature granted the State Engineer little authority or money to engage in water resource planning and study. Legislation directed the State Engineer to carefully measure water flows, collect data and informa- tion about dams and reservoirs"hereafter to be constructed, and like data regarding the feasibility and economical construction of reser- voirs on eligible sites . . . and the useful purposes to which the water from same may be put."2 He was also directed to obtain and record "all available data pertaining to the water supply of this state"3 and the legislature appropriated $10,000 annually for the time period necessary to gather this data.° Several small state canals and reser- voirs were authorized and some were constructed.° Legislation also authorized investigations of river systems for use in compact negotia- tions and interstate litigation.° From any perspective, the state's commitment to planning and study before 1935 was modest and di- rected toward specific activities. In 1937, the legislature established a new agency, the Colorado Water Conservation Board, and authorized it "to devise and formu- 1. 1935 Coto. STAT. ANN., ch. 90, art. 10. 2. Id. at ch. 90, § 203. 3. Id. at ch. 90, § 204. 4. Id. at ch. 90, § 205. 5. Id. at ch. 90, art. 14. 6. Id. at ch. 90, art. 3.