Laserfiche WebLink
<br />. <br /> <br />. <br /> <br />~ P.L. 93-320, P.L. 92-500, and state water quality regulations. However, <br />~ the structural controls described in P,L. 93-320 are not sufficient to <br />~ achieve the necessary salinity levels as development occurs in the Basin. <br />00 <br /> <br />Nonstructural salinity control measures may involve a variety of <br />techniques: improving efficiency of water application and use (conser- <br />vation); treatment and separation of usable water from brine and resi- <br />dues which are consumed or disposed of; or disposal of the untreated <br />saline water by evaporation or deep well injection. Because of high <br />costs of alternatives, the third method--consumptive disposal of un- <br />treated saline water--is most common. <br /> <br />Under the "Appropriation Doctrine" broadly common to the seven <br />states of the Colorado River Basin, the waters of the states belong to <br />the people of the state. Those waters may be appropriated and put to <br />beneficial use by any person based on a system of priority dates of ap- <br />plication to use, and of preferential types of use. <br /> <br />Each state in the Colorado River Basin establishes preferential <br />classes of beneficial uses to which water can be put. Generally, the <br />preference ranking descends from municipal to agricultural to industrial <br />(including mining) usage. In recent years it has been (often success- <br />fully) argued that in-stream uses for the maintenance of fish, wildlife <br />habitat, and general aesthetics are also beneficial uses. To this end <br />a complex series of federal and (except for Wyoming) state regulations <br />have evolved to ensure sufficient water of appropriate quality to meet <br />the needs of these classes of beneficial use. <br /> <br />There are common requirements affecting water use among the <br />seven CRB states: <br /> <br />. The use to be made of the water must be "beneficial" un- <br />der state-specific criteria; i.e., there is a prohibition <br />of waste of water; <br /> <br />. In all of the states except Colorado, the use proposed to \ <br />be made of the water must satisfy a determination of its <br />compatibility with the "public interest"; <br /> <br />. The measure of the right obtained is that amount of water <br />which can be put to actual beneficial use, <br /> <br />In view of the prohibition against waste and the requirement <br />for water use that is beneficial and in the public interest, there is a <br />substantial question whether consumption, without an accompanying use, <br />of water that is saline but still usable for many purposes, conforms <br />with state water laws. <br /> <br />1II-17 <br /> <br />.. <br />