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<br />". <br /> <br />5 <br /> <br />4. Effect of Clinton Agreement to water supplies for <br /> <br /> <br />Denver, Summit County, Fraser basin and lower <br /> <br /> <br />Colorado River water supplies. <br /> <br /> <br />5. Effect of in-stream flow rights for snowmaking <br /> <br /> <br />operations, reservoir operations and diversions. <br /> <br /> <br />6. General examination of water marketing, transfers, <br /> <br /> <br />and management in Colorado and the Western United <br /> <br /> <br />States. <br /> <br />7. A brief look at related issues. <br /> <br />Legal Framework--Colorado operates under the doctrine of <br /> <br /> <br />prior appropriation. At its most basic, this means "first in <br /> <br /> <br />time, first in right". Water is not tied to the land but <br /> <br /> <br />rather is a separate "right." This principle operates in <br /> <br /> <br />most western states, generally west of the lOath meridian. <br /> <br /> <br />According to Tarlock (1984): <br /> <br /> <br />Prior appropriation is premised on the following <br /> <br /> <br />assumptions: <br /> <br /> <br />1. The states' waters are owned in trust for the <br /> <br /> <br />public so that acquisition of private rights <br /> <br /> <br />can be regulated [but not the "public'trust <br /> <br />-~~ <br />,..,~ <br /> <br />doctrine" which is not in effect in Colorado] . <br /> <br />2. <br /> <br />The optimal use of water will be served by a <br /> <br /> <br />system that maximizes the recognition of <br /> <br /> <br />private property rights to the use of water <br /> <br /> <br />and minimizes public rights for purposes such <br /> <br /> <br />as instream flow maintenance. <br />