Laserfiche WebLink
<br />DRAFT <br /> <br />I. INTRODUCTION <br /> <br />In the arid West, population concentrations often are <br /> <br />located in areas with limited surface water supplies. <br /> <br />It ha s <br /> <br />long been the practice to supplement local supplies by bringing <br /> <br />in water fr':<u other locations. <br /> <br />In many cases, these transfers <br /> <br />involve moving water substantial distances--often between <br /> <br />separate drainages and even between separate river basins. The <br /> <br />benefits to the receiving area are obvious. <br /> <br />However, concerns <br /> <br />about the loss of this water to the area from which it is taken <br /> <br />(the area of origin) have led many western states to enact some <br />form of statutory protection or limitation.l <br /> <br />In this report, we consider the approaches which have been <br /> <br />taken to accommodate the interests of the area of origin. We <br /> <br />begin with a brief discussion of the general legal context <br /> <br />established by the prior appropriation doctrine. <br /> <br />We turn next <br /> <br />to a consideration of the conceptual basis underlying area of <br /> <br />origin protection. <br /> <br />Then we discuss the types of protection that <br /> <br />exist in the law. <br /> <br />Next we take up the approach found in <br /> <br />Colorado. <br /> <br />Then we offer an economic framework within which to <br /> <br />evaluate such legal approaches. Finally we offer our conclusions <br /> <br />IFor earlier discussions, see Na.tional Water Commission, <br />Water policies for the Future,~23-324 (1973) [hereinafter <br />National Water Commission Report]; R. Kletzing & R. Robie, Area <br />of Origin Statutes--The California Experience, 15 Idaho <br />L. Rev. 419 (1979). G~ Weatherford, Legal Aspects of Inter- <br />regional Water Diversion, 15 UCLA L. Rev. 1299, 1313-1317 <br />(1968); R. Johnson, National Water Commission, Major Interbasin <br />. Transfers--Legal Aspects (Legal Study No.7, National Water <br />Commission) 67-86 (preliminary draft July 26, 1971) [hereinafter <br />Legal Study NO.7]. <br /> <br />I <br />