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Last modified
1/25/2010 6:50:02 PM
Creation date
10/5/2006 1:43:44 AM
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Floodplain Documents
County
Statewide
Community
State of Colorado
Basin
Statewide
Title
Water Quality/Quanity Relationships
Date
6/1/1989
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />Int sources, .-- provlOes an appropnate system ror COntrolling water <br />llution consistent with the exercise of water rights. This framework <br />ods additional emphasis in the interest of protecting and enhancing <br />: ability of states to develop and manage their waters. <br />In water-short states, water diversiori and storage is critical to a <br />l!thy and diverse economy, and water must be captured and stored <br />ring the few months of snowmelt in spring and early summer in <br />ler to be available for later use. 170 Return flows from prior uses are <br />tical to the quantity of water that is available downstream for subse- <br />lnt use. 171 However, if water quality is not suitable for use because <br />point and nonpoint sources of pollutants; the intent and purpose of <br />~er rights law are undermined. The right to withdraw water from <br />I natural streams in the exercise of water rights must be accompa- <br />d by common law and statutory remedies designed to redress and <br />~vent the waste of the water resource that is caused by harmful pol- <br />ants being released into the streams of the state. Instream waste <br />imilation, however, should not be recognized as a beneficial use. <br />ilizing water to dilute wastes, in lieu of control or treatment at the <br />Irce, is a wasteful dissipation of the available resource and runs <br />mter to the prior appropriation doctrine of "maximum utilization," <br />ich is designed to bolster the use of appropriative rights. 172 <br />The implications of state water rights law for quality control are <br />: well understood, even by many vigorous advocates of the prior <br />)ropriation doctrine. Holders of junior water rights are entitled to a <br />ility of water suitable for their use, regardless of the date of their <br />)ropriation.Long before the federal Clean Water Act and state <br />tutory water quality law, courts required water quality control <br />asures as an essential aspect of protecting the doctrine of use <br />ough prior appropriation. It makes no difference whether the <br />IVnstream use is junior or senior; all water rights are entitled to be <br />,tected against pollutant discharges that are injurious to the benefi- <br />t uses for which water has .been appropriated, because a priority in <br />use of water is a property right whose value cannot be "taken or <br /> <br />168. 33 D.S.C. ~ 1342 (1982). <br />169. 33 U.S.C. ! 1329 (Supp. V 1988). <br />170. See Wyoming v. Colorado, 259 U.S. 419, 457.58 (1922). <br />171. See Water Supply & Storage Co. v. Curtis. 733 P.2d 680, 685 (Colo. 1987); Comstock v. <br />Isay, 55 Colo. 244, 254-55,133 P. 1107,1110.11 (1913). <br />172. FeJlhauer v. People. 167 Colo. 320, 336, 447 P.2d 986, 994 (1968); see Alamosa-La lara <br />~r Users Protection Ass'n v. Gould. 674 P.2d 914, 935 (Colo. 1984). <br />
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