WSP01337

• File Number: 8051
• Description: Area of Origin
• Basin: Statewide
• Date: 10/1/1985
• Title: Addressing the Area of Origin Problem - A Research Report Prepared for the Colorado Water Resource Research Institute
• Water Supply Pro - Doc Type: Report/Study

DRAFT

to be taken or diverted.39

A 1966 Texas Supreme Court decision held that prejudice is to be
determined by weighing the detriments to the basin of origin
against .the benefits of the diversion.40 I The Court concluded

, '
that this law prohibited an out of basin diversion "only to the

extent such diversion would impair water
the time of the proposed diversion."41

I
~ights in existence at
,
I
The prejudice standard

permits consideration of reasonable future [needs as one of the

factors to be evaluated in the permit revi~w by the Texas Water
,.
I,

Rights Commission.

i

The evaluation approach provides \some administrative
I
The extent of that protection
I
depends on the evaluation factors to be codsidered in permitting
. I '
in the weight to be accorded these
I
The Nebraska approach requiresl consideration of the

protect ion for

areas of origin.

transbasin diversions and

factors.

adverse impacts on the area of origin but evaluates these impacts

in relation to the general benefits expecte~ from the diversion.

presumably, mitigation of unacceptable impacts can be. required

before a permit will be issued. If no artificial reservations of

water are included, flexibility is retained in the system.

C. Compensation Approaches

39Texas Water Code Ann. ~11.085 (Vernori Supp. 1985).

40City of San Antonio v. Water Comm'n, 407 S.W.2d 752,759
(Tex. 1966). See also, City of Trisco v. Texas Water Rights
Comm'n, 579 S.W.2d 66, 69 (Tex. Civ. App. 1979).

4lId.

17