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

Of course, the law itself does not require construction of

compensa tory storage. It only requ i res that present appropr i a-

tion and prospective consumptive uses of water not be "impaired

nor increased in cost at the expense of the water users within

the said natural.basin."92 The provision then refers to the

facilities "and other means" that will be utilized to accomplish

this purpose. When the Bureau of Reclamation was building such

projects it may have made sense to satisfy this requirement

through compensatory storage. Now, however, it is time to

consider some alternative approaches.

The requirement that present appropriations of water not be

impaired or increased in cost can be addressed through mitigation

measures determined by engineering and hydrologic studies of

project effects. As the Windy Gap example has shown, potentially

impacted interests are likely to come forward to seek protec-

tion. In that case, mitigation measures were agreed to through a

negotiation process.

The protection to be accorded to prospective consumptive use

of .water is more problematic. Such prospective uses are inher-

ently speculative. It is difficult to know now how to insure

that such unknown uses will not be impaired or. increased in

.cost. Compensa tory storage does add ress thi s concern but a t a

cost that may no longer be acceptable. Rather than committing

limited resources to such projects it may make more sense to

Issues and options, October 9, 1985 at 9.

92Colo. Rev. Stat. 837-45-118(b) (IV) (1973).

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