WSP02127

• File Number: 8112.600
• Description: Arkansas White Red Basins Interagency Committee - AWRBIAC
• Basin: Arkansas
• Water Division: 2
• Date: 8/1/1976
• Title: Technical Memorandum - State Regional Futures and Problem Lists -- Activity 2 Phase II -- 1975 National Assessment --- part 1 of 3 -- Cover Page - page 134
• Water Supply Pro - Doc Type: Report/Study

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Instream flow needs must be viewed from the status of water laws,
existing interstate agreements, and established water rights in each
of the eight states.

Modifications of the riparian water rights doctrine dominate in the
.three eastern States of Arkansas, Louisiana, and Missouri. In these
states the needs of instream flows are met by natural free flowing streams
or by streams with structural works designed to regulate flows. These
structural measures may be constructed by federal, state, or local govern-
ments when there is a need, project justification, authorization, funding,
and concurrence or lack of objection by federal, state, and local interests.

In contrast variations of the appropriation doctrine dominate water
laws in the five States of Colorado, Kansas, New Mexico, Oklahoma, and
Texas. The application of the appropriation doctrine varies in these
States. A few States do not recognize some of the listed instream flow
uses as beneficial uses because a water right does not exist, thus such
uses are considered incidental and subject to the established water rights.
Colorado, recently recognized the instream flow needs as beneficial uses,
but the uses are subject to established water rights which often account
for all the water supply of many streams. Thus, to establish a water right
under such circumstances may require purchase of an established right or
the development of a project which could hold over un-used flood waters
to support instream flow needs.

In New Mexico the flows available for instream use are dependent upon
State water rights, interstate compacts, and international commitments.
Incidental uses incliide-fisb, recreation, wildlife and esthetics.

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