Laserfiche WebLink
<br />Information needs: The information needec:1to . <br />operate the current court approachtocbanges. <br />in water rights incc:i~oradomeetsthe.legal <br />needs;<however, it may not meettheneadsof: <br />..t;hepublic .affectedbys\1chtransfers , in the < .. <br />.......sensethat the court process. does not .lricor-.;\ <br />............poratethe.... above ..ec:onomic '..' social,..... environmental. <br />. .:'::and...recreationalconcerns ....... .......,...,..:......... <br /> <br />NO INJURY TEST <br />Applied to Water Riqhts--IS It Adequate? <br /> <br />The only issue considered by the water court in a transfer <br />case is property rights and only injury to other water rights is <br />considered. Other forms of "injury" are ignored pursuant to <br />Colorado law. The "no injury" rule protects water right ho~ders <br />in the continuation of the condition of f~ow re~ied upon to make <br />their initial appropriations.3 Since 1954, the courts have <br />sought to keep the stream intact by prohibiting the new use from <br />depleting the stream any more than the old use did. <br /> <br />If stream conditions are not adversely affected by the <br />proposed change, then it is assumed there is not impairment to <br />other appropriators.4 Depriving an appropriator of the same <br />quantity or quality of water available before the change are both <br />considered injury, as well as increasing the appropriator's <br />obligations to seniors. <br /> <br />If the court determines that injury would result, it may <br />require conditions preventing such injury. Such conditions may <br />Put a limit on the use of the water involved, may require a <br />relinquishment of part of the decree or of another decree to <br />prevent enlargement of use or a decrease in return flows, or may <br />put a time ~imitation on the diversion of the water.s One such <br />condition is "compensatory storage," which is water stored to <br />help provide for the future needs in an area-of-origin. It <br />satisfies Colorado's legislative requirement that the Western <br />Slope's present appropriations of water and future water needs be <br />protected when water is transferred to the eastern half of the <br />state. 6 <br /> <br />Applic&ble to New Concerns? <br /> <br />The concept of "no injury" could be expanded to provide <br />criteria for analyzing impacts of water transfers that are not <br />currently considered by the water court. These impacts include <br />economic, social, environmental, and recreational. <br /> <br />9 <br />