WSP01794

• File Number: 8051
• Description: Area of Origin
• Basin: Statewide
• Date: 1/1/1986
• Author: McDonnel and Howell
• Title: University of Colorado Law Review - Area-Of-Origin Protection in Transbasin Water Diversions: An Evaluation of Alternative Approaches
• Water Supply Pro - Doc Type: Report/Study

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5~6

V-':jYERSITY OF COLOR.-\DO LAW REVIEW

[Vol. 57

.-\ T eX'" law urig;nall\' passed in 1913 now prol1des that.

[n]o person may rake or divert any of [h~ wal~r of the ordinary
ti"w.:. llnderrlo\\-'. or SIarm rlow of ;lny Slre:lm. watercourse. Of wa-
rershcd in this state into any mher nawr:ll sue:lm. watercourse, or
\\"3rershed to the prejudice of Jny person or property situated
'.vithlll the w::nershed from which the water IS proposed to be raken
or diverted.38

A 1966 T e.~as Supreme Court decision held thut '.prejudice" is to be
de~ermined by weighing rhe detriments (Q the basin of origin against
the bene~ts of rhe diversion..'. The coun concluded that tIllS law pro-
Illbited an out.of-basin diversion "only (Q rhe extent such diversion
would impair water rights in existence at the time of the proposed
diversion, "-'0 The prejudice standard permits consideration of reason-
able future needs as one of the factors to be evaluated in the pennit
review by [he Texas Water Rights Commission.

C Compensmion

./

The third general approach taken to provide protection to areas
of origin emphasizes compensation. Rather than reserving water for
speculative future needs in the area of origin. the intent is to make the
area of origin better olf by prOVIding bene~ts thaT at least offset the
(;O~[S imp0s~d by [he {fall~rc:r.
CJlifornia took this Jpproach in developing its State Water Pro-
Ject. The Burns-Porter Act. passed in 1959 to create funding for the
Project. contained several provisions intended to compensate northern
California for the loss of water. One form of compensation was fund.
ing for certain local needs including flood control:" In addition. the
Act estaolished a gram program for recreation and ~sh enhancement
~nd a loan program for small projects and rehabilitation of domestic
water systems."' It should be noted, however, that this law retained
the right of area.of.origin residents to have permanent priority to any
~xported warer.-I-3
The 1968 Colorado River Basin Project .-\Ct adopted a compensa.
tion approach to address "re~.or.origln concerns. Sectloll 203(a) of the
Act provides:

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