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Last modified
11/23/2009 12:58:00 PM
Creation date
10/4/2006 10:31:45 PM
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Floodplain Documents
County
Statewide
Community
State of Colorado
Stream Name
All
Title
Institutional Roles and Water Marketing in Colorado and Western States
Date
9/26/1994
Prepared For
World Bank Group
Prepared By
Gergory Hobbs
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br /> <br />must carefully examine the articles, bylaws and water rights <br />decrees of the ditch company to learn what impediments or <br />prohibitions to transfers may be involved. <br /> <br />TRANSFER OF AGRICULTURAL WATER IS NOT NECESSARILY <br />A QUICK A.'ID INEXPENSIVE SOLUTION TO MUNICIPAL WATER NEEDS <br /> <br />Thus, a municipality cannot simply purchase agricultural <br />water rights and conclude that it has a guaranteed additional <br />supply. It must obtain a change decree, and that decree may <br />require leaving a significant amount of water in the stream and <br />ditch system in order to prevent material injury to other water <br />rights. In addition to a change decree, the municipality must <br />obtain the federal, state, and local permits and approvals <br />necessary to construct whatever additional diversion, storage, <br />and distribution systems it needs to deliver the water to the new <br />place of use. The permitting process, particularly federal <br />permitting, car. result in substantial costs, delays and <br />restrictive conditions, see Riverside v. Andrews, 758 F.2d 508 <br />(lOth Cir. 1985). Finally, the municipality must finance and <br />construct the facilities necessary to implement its change plan. <br /> <br />In a complicated change case, extensive expert <br />hydrologic and legal expertise is required. In the absence of <br />consultation and agreement with potentially injured water users, <br />years of litigation can be expected before the final outcome is <br />known, see Hillhouse "Management of the Complex Water Case," <br />31 Rockv Mountain Mineral Law Institute 24.01 et seq. What <br />initially looked like a relatively cost effective investment at <br />the water rights acquisition stage can become very costly by the <br />time water is finally available to the municipality. Thus, <br />conversion of agricultural water to municipal use is not <br />necessarily the immediate and wondrous solution to municipal <br />water supply which some persons trumpet it to be. Sudden, large <br />scale purchases of agricultural water by municipalities almost <br />always raise intense political and legal opposition. On the <br /> <br />-11- <br />
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