WSP01080

• File Number: 8407.500
• Description: Platte River Basin - River Basin General Publications - Missouri River
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 6/1/1978
• Author: Missouri Basin Inter
• Title: Missouri River Basin Comprehensive Framework Study-revised Volume III-Law-policies-and Administration-Appendix
• Water Supply Pro - Doc Type: Report/Study

00135'_

PU RPOSE

This document is designed to update volume 3 (Laws.
Policies. and Administration) of the appendix to the 1971 Mis-
souri River Basin Comprehensive Framework Study. An at-
tempt has been made to include important changes in laws.
policies. and administration from the original study to Decem-
ber 31. 1975. Some changes occurring to 1978 also have been
included.
In chapter 2 of this volume 3. most of the State laws,
policies. and administration matters have been briefly updated;
but in some instances. notably Missouri, a complete restate-
ment has been provided. Similarly. a restatement of references
has been included in situations where believed necessary.
The original Framework Study was developed and pub-
lished by the Missouri Basin Inter-Agency Committee.
while the instant update has been developed and published by
the Missouri River Basin Commission.
The basic objective of <.J framework study is to provide
a broad guide to the best use, or combination of uses,
of water and related land resources of the Miss-
.ouri River Basin to meet foreseeable short- and long-
term needs. Among the important considerations in for-
mulating the framework plan is the need to examine ( I)
the existing legal, policy, and institutional framework
applicable in this field. (2) the constraints therein that
may limit the satisfaction of future resource develop-
ment needs. and (3) desirable potential changes in law,
policy, or institutional structure to aid in implementing
the framework plan of future resource development.
The purpose of this appendix is to summarize the
legal and polley framework under which planning and
development for the control. use, and management of
water and related land resources have progressed and can
proceed for the 10 States in whole or in part comprising
the Missour\ River Bas\n. The primary objective is to
convey a general understanding of water Jaws, policies.
and administration in each of the 10 States, the appli-
cable laws and policies in the Federal Government. and
to highlight their interrelations. Where the Missouri River
Basin is affected thereby, brief attention is focused on
legal arrangeme,:Jts for water import or export and for
the use and accountability of IIlternational waters.
Recognizing the many variations among the 10 basin
states, and even the complexities within each. obVIOusly

CHAPTER 1

INTRODUCTION

It is Impossible to accurately sLlmmarize their laws, poli-
cies, and administration in the field of water resources.
TIle coverage is sufficient to provide only a general
orientJtion and understanding of the legal. policy, and
administrative framework. Numerous legal references are
made in the text materials and concluding the summary
for each State in Chapter 2 and for the Federal coverage
in Chapter 3. Specific water right problems Jnd in-depth
water policy issues must be explored with legal counsel
or by contact with Sti.lte officials thoroughly conversant
with water laws and their many ramIfications.

HISTORICAL BACKGROUND

The development i.llld use of wi:lter resources long has
been recognized as a responsibility of both the States
and the Federal Government in the Missouri Basin. as in
the Nation. Their resource objectives Jnd programs are
largely complementary. as are theil water laws and poli-
cies, though there are some iJreas of ullcertainty and
challenge. The laws have evolved gradually, stemming
initially from the State and Federal constitutions, then
from statutory action, and fron1many judicial decisions.
Many of the national laws stemmed from pressing issues
in the Missouri Basin and the West generally. From all of
these have come important elements of State and Federal
policy, and particularly at the State level, the practical
means for water administration. Variations in climate.
water availability. Jnd water uses gave rise early to some
differences in water law and policy among the States of
the basin, although there are many similarities.
For parts of the Nation, early use of the water re-
sources for navigation and later for mining resulted
in legislation in these fields. Particularly after the CivlI
War, allelltion in the arid west and Missouri River Basin
increasingly was focused on the development and use
of water resources. This gave rise to legislation and
suitable programs. and to mounting water usage for
economic development in the form of mining and min-
eraI processing, irrigated agriculture, hydroelectric power
generation, and..with the economic growth--increased
uses for rural and urban domestic and industrial pur-
poses. More recently, public interest together with