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<br />~ . <br />: ,,'Information needs: The informa.tion needed to <br />operate the current' court approach to changes' . <br />in' water rights. in Colorado meetstheleqal .......... <br />needs; however,: it may-not meet the needs,of.';. .. <br />.the publicaffected.J::iy'such,transfers i'i~..the"X . <br />.... .isensethat.. thecourtprocessdoesnot':incor-'h <br /> <br />'...,.,:;i~~;:6;~:t1~~~~:66~6~~~::;'S~c:,i~~,',~V-~~~~S~~~;:... <br /> <br />NO 1:NJURY TEST <br />Applied to Water Riqhts--1:s 1:t 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 holders <br />in the continuation of the condition of flow relied 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 />PJ.lt 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 limitation 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 />Applieable to Hew 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 ~ourt.These impacts include <br />economic, social, environmental, and recreational. <br /> <br />9 <br />