PROJ00152

• Contract/PO #: C153620
• Contractor Name: Clinton Ditch and Reservoir Company
• Contract Type: Loan
• Water District: 36
• County: Summit
• Bill Number: SB 90-87
• Loan Projects - Doc Type: Feasibility Study

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appropriation by the Federal government (Senate Document 80,

1937) and not on reserved rights.

In prior appropriation states, water must be applied to

a beneficial use.

"The...most important step in perfecting

an appropriation is application of the water to beneficial

. use. All prior appropriation states that follow

appropriation law consider domestic, municipal, agricultural,

and industrial uses to be beneficial uses. Beneficial use is

defined specifically in most state statutes" (Getches, 1984,

p. 101). In Colorado, an appropriation is NOT allowed "when

the proposed appropriation is based upon the speculative sale

or transfer of the appropriative rights" [Water Right

Determination and Administration Act of 1969, 37-92-103

(3a)]. The National Research Council (1992) found:

The beneficial use doctrine is supposed to curb

speculation in water rights by tying the right to use,

but it did not perform this function in the CFR

(Colorado Front Range). Although transbasin imports are

. more expensive than the transfer of nearby agricultural

water, imports give the cities (and the state generally)

..";.

more control over large quantities of 'unused' water as

well as providing a more stable water supply for the

region and extending the life of local agricultural

economies (p. 138).

Water for mining operations, ski areas, municipal and

transmountain municipal uses are considered beneficial uses.

The Water Right and Determination Act of 1969 specifically