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Last modified
5/14/2010 8:58:18 AM
Creation date
9/30/2006 10:22:06 PM
Metadata
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Publications
Year
1990
Title
Western Water Transfers: Public Interest Impacts
CWCB Section
Interstate & Federal
Author
Larry Morandi
Description
Examination of the public interest impacts of western water transfers
Publications - Doc Type
Historical
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<br />Eagle County, Colorado <br />The conflict in the Eagle County, Colorado, case study is over the potential <br />environmental effects in the basin of origin of constructing a diversion facility to transport <br />water to Front Range municipalities. The issue is not tied to the transfer of a water right <br />from agriculture to another use, The objectors do not argue that the municipalities <br />proposing the transfer lack the legal authority to exercise their water right; they contend, <br />instead, that the means of conveying the water must comply with measures designed to <br />protect the exporting basin from adverse environmental impacts, The case study describes <br />how land use regulations are incorporating public interest considerations into a water <br />allocation decisionmaking process. <br /> <br />Legislation passed in Colorado in 1974--House Bill1041--empowers local <br />governments to regulate activities determined to be of statewide interest that impact the <br />local jurisdiction. The statute specifically enables local governments to "designate matters <br />of state interest after public hearing, taking into consideration: (I) The intensity of current <br />and foreseeable development pressures; and (II) Applicable gUidelines for designation <br />issued by the applicable state agencies:' (Colo. Rev. Stat., 24-65.1-301(1)(a)) <br /> <br />Once designated, a local government may "grant or deny applications for permits for <br />development in areas of state interest and for activities of state interest." (Colo. Rev. Stat., <br />24-65.1-301(1)(c)) The legislation further authorizes a local government to: <br />approve an application for a permit to conduct an activity of state interest if <br />the proposed activity complies with the local government's regulations and <br />guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied. <br />(Colo. Rev. Stat., 24-65.1-501(4)) <br /> <br />30 <br />
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