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

direct curtailment of current instream values, indirect losses of

net incomes in related activities, and further future losses of

instream val ues. However, there is 1 ikely to be immed ia te loss

of some instream values, even in cases involving no immediate

loss of income to water diverters. For example, on smaller

streams, transfers may make it more difficult for towns and

industries to meet ambient water quality standards, forcing them

to undertake higher levels of waste treatment.

Finally, some. losses (c. above) may indirectly occur "to

society at large" in the basin of origin, through under utiliza-

tion of public facilities, decline in the tax base, reduction in

quality of public services, and possibly as a result of selective

migration that leaves a less capable population behind.

Regarding the groups (1-4 above) potentially affected by

out-of-basin transfers, groups 1 and 2 are aff.orded protection

from damage under the existing appropriation doctrine. Water can

be taken from current uses only through purchase or condemna-

tion. In either case, appropriate prices (compensation) would be

paid to the direct water users. Junior appropriators can seek

protection against any injury d.uring the court or permit

proceedings.

Thus, only four classes of damaged parties potentially

warrant compensation beyond that presently assured under the

prior appropriation doctrine:

(I) Parties indirectly suffering employment and income

losses from curtailment of direct and instream uses;

4B