PUB00100

• Year: 1992
• Title: An Analysis of Water Salvage Issues in Colorado
• Author: CWCB
• Description: An Analysis of Water Salvage Issues in Colorado
• Publications - Doc Type: Water Resource Studies

C. Various roles for State of Colorado

1. Maintain status quo and make no changes to existing law,

a, Let State Engineer move water users toward more efficient practices with his
current authority and jurisdiction,

b, Let those who want to improve efficiency proceed with only the current
incentives to stimulate such activity.

c, Let judiciary resolve entitlement to saved or salvaged water in a proper case
with specific facts,

2, Clarify current entitlement to saved or salvaged water by legislative declaration
with specific statutory changes to make that intent clear.

3, Support and encourage increased water conservation through enhanced efficiency.

a, Clarify or change law in ways that create additional incentives,

b, Provide additional state programs with technical and financial aid,

c, Incorporate saved water into a comprehensive strategy to meet future water
quantity and quality goals,

d, Minimize transaction and litigation costs by allowing review and approval by
State Engineer, leading to rebuttable presumptions,

4, Create a specific entitlement, if no present entitlement exists, to saved or salvaged
water as an incentive to those who otherwise might not become more efficient,
It may matter less who gets the entitlement, than that the right be clearly assigned,
The market place will then determine where the saved water goes,

5, State could take a portion of saved water, and use for instream purposes and to
offset potential injuries to others on stream system.

6. Regulate and mandate that water use efficiencies must meet specific minimum
requirements, Authorize the State Engineer to vigorously eliminate wasteful or
inefficient practices, Consider allowing private enforcement actions by those who
can show a use for water currently denied to them by an inefficient water use,

26