PUB00057

• Year: 1978
• Title: The Colorado Water Study Directions for the Future
• CWCB Section: Water Conservation & Drought Planning
• Author: EDO DNR
• Description: First publicatiom of the Colorado Water Study volumes
• Publications - Doc Type: Brochure

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analysis of tools is not to suggest change for the sake of change
alone, but rather to identify for public discussion the means avail-
able to achieve specified ends.

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The study's analysis of tools has involved the examination of
numerous possibilities. Insofar as legal (i.e., statutory and con-
stitutional) tools are concerned, only a few were eliminated from con-
sideration at the outset:

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a. The water study does not consider or analyze the possibility
of a constitutional amendment that would abrogate the right
to appropriate water. The reason for this exclusion is that
most of the surface water in the state is already covered
by final or conditional appropriations, and such a change
would be largely irrelevant. However, while the study does
not consider abrogation or elimination of the right to
appropriate, numerous other changes are examined, some of
which would limit or condition appropriative rights.

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b. Similarly, the water study does not consider shifting to an
administrative permit system for the initial appropriation
of water. The reason for this is the long'6tanding tradition
of a judicially based system. However, the study does con-
sider various changes which would apply to applications for
changes in water rights. Some of these changes would give
greater authority to state or local government, or would
give greater latitude to the water court. An example would
be the establishment of new criteria which water courts
could use in reaching their decisions.

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c. The water study does not consider "forced" reallocations of
water by government edict, condemnation, or order; and no
wholesale reallocations of existing water rights are con-
sidered. The study does look at ways to encourage or dis-
courage certain types of reallocations or transfers. Because
of current water use patterns, and the realities of market
economics, it is assumed that most, if not all, future water
transfers out of existing uses will come from irrigated agri-
culture; and the tools considered tend to be those that
might slow, accelerate, or otherwise modify such transfers.

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ADDITIONAL LEGAL ANALYSES

There are important legal issues concerning the benefits and
obligations of water rights under Colorado law which are not easily
included in the classification of legal tools set forth above. None-
theless, they are extremely important and of significant interest to a

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