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

available for use in such states and areas of
origin adequate to satisfy their ultimate
requirements at prices to users not adversely
affected by the exportation of water to the
Colorado River system.45

The intention was to create a fund of money Ithat could be used to
provide water to future in exporting at reasonable
users areas a
.. I 1
cost.46 i
\
The Colorado approach, discussed in! detail in Section V

I .
below, requires a form of compensatIon fori certain transbasin

diversions. A 1943 Colorado law requires yhe diversion facili-

ties for conservancy district projects taki1ng water out of the
I

Colorado River basin to incorporate featur~es that will protect

present and future consumptive water uses in that basin and that

will not increase the cost of that water.47 i The practical effect

of this provision has been to cause the importing conservancy

district to build additional storage reservoirs on the West Slope

to provide "compensatory storage" for use in this area.

Because of legislation passed by the rural-dominated New
York State Legislature limiting the ability of New York City to

take land in upstate counties for its water system unless full

compensation is paid, the city enacted a provision governing its

45Colorado River Basin project Act, P.L. 90-537, 8203(a), 43
U.S.C. 81513(a) (1982). . .

46Apparently, the Development Fund was never adequately
financed. See Legal Study No.7, supra note 1, at 104. More-
. over, plansto bring water from the Pacific Northwest into
the Colorado River Basin have been postponed indefinitely.

47Ch. 192, 1943 Colo. Sess. Laws 635, Colo. Rev. Stat. 837~
45-118(b) (IV) (1973).

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