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<br />OlJJ7.}8 <br /> <br />Institutional Structures Governing Colorado Water Use <br /> <br />I <br />I <br />I <br />I <br />I <br />,I <br /> <br />Institutions <br />Society has rules, either explicit or implicit, to allocate all resources among competing uses, These rules <br />regulate the use of the resource. The nature of the rules can vary from a simple tradition that has been <br />followed for years, to strict legal definition and enforcement. As resources become more scarce, more formal <br />rules are established, <br />ht general, the formal rules are defined in statues or laws that specify various rights and responsibilities <br />concerning resource use. Clear and enforceable rights are important for the efficient allocation of any <br />resource, The decision to make a capital investment is based on expectations about the future, The existence <br />of rules that define an enforceable right adds certainty to the planning process, allowing all parties to act more <br />consistently based on a reasonable expectancy of future outcomes, <br />The characteristics of water resources make the definition of the associated rules and rights more difficult <br />than for most other resources, Surface water is a fugitive "flow" resource where the quantity available varies <br />significantly over time and location, The introduction of storage facilities allows this fugitive flow to be <br />converted into a "stock" resource, This, however, can impact others who have a right to the flow, Ground <br />water has its own characteristics in that the quantities available and properties of the resource are not easily <br />observed, including interrelationships with surface water. Consequently, special rules have evolved to specify <br />the rights associated with water resources. The following presentation provides a brief overview of the <br />evolution and basic principles of water law in the western United States, More detailed discussion on these <br />topics can be found e1sewhere (see for example Getches, 1990; Moses, 1986; EI AsIuy and Gibbons, 1988), <br />Water rights in the United States originally were based on the riparian doctrine because of the climate and <br />geography of the areas settled earliest. ht the east, rainfall is generally abundant, and the landscape is <br />permeated \vith brooks, streams, and rivers, According to riparian law, water rights are accorded to owners of <br />land bordering water bodies, Water use by all riparian landowners within a particular stream system is <br />restricted to reasonable use, and all owners share in shortages, Place of use is generally restricted to the <br />watershed within which the natural water body exists, which is usually lands bordering the stream. The <br />riparian doctrine still serves as the basis for water allocation in most states east of the hundredth meridian, <br />As people moved west, new situations were encountered where the riparian doctrine did not adequately <br />address the allocation of water use, Mining was one of the first enterprises in the West requiring large-scale <br />development of water resources, Water was used for processing the ore in placer mining operations, ht most <br />cases, the water was diverted and applied to uses located away from the stream, Because the demand for <br /> <br />f, <br />1; <br />" <br /> <br />~( <br /> <br />5 <br />