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Last modified
1/26/2010 11:11:28 AM
Creation date
10/9/2006 2:45:28 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.700
Description
Colorado River Basin General Publications - Augmentation-Weather Modification
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
4/18/1986
Author
WBLA Inc
Title
Uses of Increased Flows Originating on the Arapaho National Forest - Final Report
Water Supply Pro - Doc Type
Report/Study
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<br />003110 <br /> <br />Page 9 <br /> <br />be transferred in such a way as to impair the right of even a junior holder to <br /> <br />historical flows. In practice, the restrictions upon free transferability are <br /> <br />usually imposing, although often not insurmountable. It is especially notable <br /> <br />that informal arrangements have often been adopted among water users to overcome <br /> <br />some of the barriers to more efficient water use which water laws have erected. <br /> <br />Appropriation doctrine is implemented through "calls" on the river. When a <br /> <br />water user finds that there is insufficient water in the stream to satisfy his <br /> <br />right to divert, he can "callout" junior appropriators, i.e., force them to <br /> <br />cease diverting to the extent necessary to permit him to divert his full <br /> <br />entitlement, subject of course to hydrologic availability. <br /> <br />i <br />I <br />~j <br /> <br />2. Interstate water allocation institutions <br /> <br />Federal legislation and judicial actions provide the ultimate recourse in <br /> <br />deciding all interstate water disputes, as affirmed by Arizona v. California and <br /> <br />Sporhase v. Nebraska. However, the federal government is always reluctant to <br /> <br />~ <br /> <br />intervene until the states have clearly demonstrated their inability to resolve <br /> <br />their disputes. When such intervention does occur, the courts have attempted, <br /> <br />since Wyoming v. Colorado, to apply the principles of the water laws of the <br /> <br />pertinent states (in this case the doctrine of prior appropriation), unless <br /> <br />politically more workable arrangements have been devised, such as the principle <br /> <br />of equitable division employed by the Colorado River Compact of 1922. <br /> <br />The first of the institutional features which modifies or replaces prior <br /> <br />appropriation doctrine in governing interstate water allocation in the Colorado <br /> <br />River Basin is the Colorado River Compact of 1922. This compact apportions the <br /> <br />flow of the river between the Upper Basin (Arizona, Colorado, New Mexico, Utah, <br /> <br />and Wyoming) and the Lower Basin (Arizona, California, and Nevada). It applies <br />
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