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<br />.OH]')1"" <br />UUL..-".dU <br /> <br />A DISCUSSION OF lEGAL AND INSTITUTIONAL CONSTRAINTS <br /> <br />ON ENERGY-RELATED WATER DEVELOPMENT IN THE <br /> <br />YAMPA RIVER BASIN, COLORADO <br /> <br />By Walter I. Knudsen, Jr., and Jeris A. Danielson <br /> <br />ABSTRACT <br /> <br />Numerous persons and groups are concerned with the legal availabil ity of <br />water for energy-resource development in that part of the Yampa River basin <br />located In northwestern Colorado. Three basic factors determining the legal <br />availability of water in this region are: The judicial framework 'by which the <br />water Is adjudicated and administered; the administrative procedures and <br />practices of the State Engineer when there is both sufficient and insufficient <br />water to meet all demands for water; and Federal legislation and judicial <br />proceedings affecting water development in Colorado, including interstate <br />Compacts. The effect of these factors is outlined and developed in this <br />report by summarizing water law as it exists in Colorado, outlining the <br />administration of waters in Colorado by the State Engineer, and indicating <br />some proposed projects that will be critical in determining the availability <br />of water for use by the developers of energy resources. <br /> <br />INTRODUCTION <br /> <br />"t <br /> <br />Questions are being asked by many persons from all sectors of our economy. <br />and government regarding availability of water in northwestern Colorado for <br />energy-resource development. The purpose of this report is to briefly <br />describe the legal and institutional constraints affecting energy-related <br />water development In the Yampa River basin of Colorado (fig. 1), insofar as <br />these constraints can be defined, without speculating on resultant effects of <br />future changes. Although one-third of the Yampa River basin, as shown on <br />figure 1 and defined by the U.S. Geological Survey's project (Steele and <br />others, 1976a; 1976b), lies in Wyoming, it must be understood that the <br />comments herein pertain only to that part of the basin within the borders of <br />Colorado. <br /> <br />The availability" of water is a function of its physical <br />legal availability as dictated by interstate compacts, court <br />judicial constraints, and its economic value. The three <br />determining the legal availability of water in Colorado are: <br /> <br />presence, Its <br />decrees, and <br />bas I c factors <br />