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

nor increased in cost a t the expense of the
water users within the said natural basin;
and that the facilities and other means for
the accomplishment of said purpose shall be
incorporated in, and made a part of, any
project plans for the exportation of water
from said natural basin in Colorado.65

Thus, that portion of the West Slope encompassing the Colorado

River basin is to be protected from certain adverse effects

connected with exportation of water by conservancy districts. In

particular, existing uses are not to be impaired or increased

in cost.

The same protection is accorded ~o "prospective uses

of water for irrigation and other benefi'i::ial consumptive-use

purposes."

The means of assuring these protections are to be

included in the plans for any transbasin diversion proposed by a

conservancy district.

Several points should be noted.

First, as has been stated,

these restrictions are limited only to diversions by conservancy

districts.

Thus, cities such as Denver, Colorado Springs, and

Aurora are not required to provide such protections. Second, the

prospective uses of water that are protected are limited to

consumptive uses. Thus water needed for power generation and the

maintenance of instream flows may not be included.66 Third, the

requirement that present and prospective uses are not to be

65Ch. 192, 1943 Colo. Sess. Laws 635, 636, codified at
Colo. Rev. Stat. ~37-45-118(b) (IV) (1973).

66See Beise, supra note 56, at 458: "The popular concept and
application of these words would be to exclude power genera-
tion and maintenance of public streams for fishing and scenic
attractions, but to include irrigation, domestic, and manufactur-
i ng uses of the. wa ter. "

28.