PUB00103

• Year: 1978
• Title: The Colorado Water Study Directions for the Future - Legal Studies
• CWCB Section: Interstate & Federal
• Author: Office of the Executive Director, DNR
• Description: Legal information and data on projected water uses in Colorado and alternatives for future water use and allocation
• Publications - Doc Type: Brochure

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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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(2) Similarly, the water study does not consider shifting to
an administrative permit system for the initial appropria-
tion of water. The reason for this is the long-standing
tradition of a judicially based system. However, the
study does consider 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. Also considered is the establishment of new cri-
teria which water courts could use in reaching their
decisions.

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(3) 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
considered. The study does look at ways to encourage or
discourage certain types of reallocations or transfers.
Because of current water use patterns and the realities
of market economics, it is assumed that most future water
transfers will come from irrigated agriculture, and the
tools considered tend to be those that might slow,
accelerate, or otherwise modify such transfers.

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It should be reiterated that an examination and analysis of any
tool does not imply approval or suggest that the tool be employed.
Whether the use of any given tool is appropriate will depend on the
projected consequences of its use, on the public perceptions as to
the desirability of those consequences, on the trade-offs between
different water uses, and on the magnitude of the legal or consti-
tutional problems, if any, which occur with its use. Thus, the sole
purpose of the legal analysis is to provide as full and complete
a basis as is possible for a public discussion about available, or
potentially available, ways to achieve alternative future water uses.
In summary, the legal studies must be considered as just one volume
of a series of reports. Although some of the legal studies may be
valuable in and of themselves, the bulk of the material has meaning
only when it is considered in the context of the water study as a
whole.

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This volume is organized into three sections: (1) a description
of Colorado water law and the various water authorities; (2) an analy-
sis of numerous means to influence water use, considering various
governmental and private actions, and including a survey of the water
laws of other states; and (3) an analysis and description of three
separate legal issues concerning the benefits and obligations of

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