WSPC01188

• File Number: 8064
• Description: Indian Water Rights
• State: CO
• Date: 1/1/1987
• Author: American Indian Reso
• Title: Tribal Water Management Handbook
• Water Supply Pro - Doc Type: Report/Study

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CONFLICTS. TRENDS & CHAlLENGES

19

In the various sectors of waler use-irrigation, manufacturing, electric power
production, municipal supply and waste treaunent-as in the other sectors of activity
in our society, new technology is replacing old, The water manager must take this
replacement process into account in water planning and in the adoption and
implementation of management strategies.

Conjunctive Use v. Di~unctive Use: Facing Facts

For too long surface waters and ground waters were developed and managed
independently, even though they commonly are physically interconnected. Ground
water aquifers are underground reservoirs where water can be stored purposefully
during wet periods to provide supplies for drier periods. Opportunities for such new
or expanded conjunctive management exist in many settings. Taking advantage of
these opportunities can be problematic. Sometimes the law is unclear as to whether
the pany who stores water in an aquifer covered by other water right claims can
retain the right to that stored water. Conflict and competition between political
entities and agencies that share a common stream and aquifer also can prevent or
obstruct conjunctive management. Such obstacles are likely to be overcome
increasingly, however, due to the influence of heightened water demand and cost-
consciousness.

Consumption v.lnstream Flows: Shifting Benefits

The prior appropriation doctrine has encouraged the diversion and consumption
of water and neglected the importance of instream flow for the preservation and
enhancement of fish, wildlife, recreation and water quality. Public appreciation of
instream benefits has grown, however, and given rise, in some states, to policies and
laws designed to protect minimum stream flows. The traditional dominance held by
consumptive uses probably will diminish further as the concern for instre3ll1
protection grows. The vast quantity of existing water rights favoring consumptive
uses, however, will persist and constrain effons to restore minimum flows in most
stretches of developed waterways. The opportunity to protect instream flows before
development takes place still exists in some pans of Indian Country.

Storage v. Shortage: Close Judgment Calls

With the development of the last amounts of unappropriated water in some
areas, considerable attention is being focused on the remaining opportunities to store
water in surface reservoirs. Storing water in wet seasons for use in dry seasons, and
in wet years to "carry over" for dry years, has been a conventional way of avoiding
or mitigating shortage. When new surface reservoirs are created, however, a price is
paid as land and riparian habitat are lost due to flooding and water is lost to
evaporation and seepage. In each setting the trade-offs must be considered carefully
by water planners and managers before significant commiunents of money and
resources are made.

Nonstructural v. Structural Solutions: Savvy for Cement

Many of the major water problems, such as floods and droughts, have more than
one solution. Sometimes a water manager is presented with a choice between a
structural solution, such as a flood-control dam, and a nonstructural solution, such as