WSP02490

• File Number: 8021
• Description: Section D General Correspondence - Western States Water Council
• State: CO
• Basin: Statewide
• Date: 1/14/1992
• Author: Western States Water
• Title: Western States Water 1992 - Issues 921-972
• Water Supply Pro - Doc Type: Publication

WESTERN
STATES WATER

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November 20, 1992
Issue No. 966

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TIIE WEEKLY NEWSLEITER OF TIIE WESlERN STAlES WATER '

editor - Tony Willardson

Creekview Plaza, Suite A-201 I 942 East 7145 So. I Midvale, Utah 84047 I [phone] I FAX [phone]

typist - Carrie Curvin

ENVIRONMENT

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Wetlands
The World Wildlife Fund recently wrote a report,
published by Island Press (800-828-1302), ent~led
'Statewide Wetlands Strategies' which finds that
'states are uniquely pos~ioned to take the lead on
wetlands because they occupy a middle ground
between local jurisdictions that are often strongly
influenced by a few...powerful players and the federal
government, which often cannot meet local needs
w~h appropriate f1exibil~.' The report also notes
'states are in a pos~ion to find creative solutions and
strike a balance. At present, states are also
displaying the greatest in~iative in wetlands policy
and a conviction that wetlands are v~al to their
economic and ecological hea~h.' The report
nevertheless calls for a strong federal regulatory
program to complement state efforts. The report
builds on the work of the National Wetlands Policy
Forum, which first enunciated the goal of no-net loss
of wetlands. Forum members also agreed that
'comprehensive statewide wetlands strategies were
the best way to implement no-net loss.'

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The report suggests that state strategies provide:
a comprehensive approach, flexibil~ in recognizing
many ways to achieve the no-net loss goal, and a
regional focus. The authors identify what a state
wetlands strategy should do, recommend steps on
developing that strategy by identifying goals,
objectives, and key state mechanisms, and discuss
several existing state strategies as examples of
recommended successful approaches. The report
also contains sections examining the universe of
mechanisms available to protect wetlands and the
methods for COllecting data and information about
wetlands. The work contains an appendix w~h
wetland contacts in various states, and a list of
federal agencies w~h wetlands responsibil~ies.

chairman - Dave Kennedy
executive director - Craig Bell

LIT1GAllONlWATER RIGHTS

UtahlWater Use EIIiciency
The Utah Supreme Court has held that a senior
water right holder's opportun~ to improve ~s
irrigation efficiency and re-Ilse the saved water
controls over a junior water user's reliance on the
runoff water from an irrigation system (Steed v. New
Escalante Irriaation Co., No. 90426, Aug. 18, 1992).
The case involved an 1875 diversionary right from the
Escalante River used for flood irrigation ,an lands that
drain into a wash. A 1909 water right was for both
excess runoff from the flood-irrigation practices and
natural flows in the wash. The senior appropriator
installed sprinklers in 1982, resu~ing in a 25%
efficiency increase. More land was put under
irrigation with the saved water. Subsequently, the
junior appropriator sued seeking to replace loss of
the runoff.

The Utah Supreme Court held in favor of the
senior appropriator, noting that an upstream irrigator
may reuse water it diverts from a watercourse,
providing the water does not leave its land. Two
exceptions were recognized: when the runoff retums
to the source of diversion, or is commingled with a
ground water aquiler. The court said, 'If the water
conserved could not be [so] used...there would be no
incentive to make improvements. So long as the
[upstream senior appropriator] diverts only that
volume of water to which ~ is entitled, it should be
allowed to make the most efficient use of it.'

WATER RESOURCES

Alaskan Water Exports
Council member and Alaska Division of Water
Resources (ADWR) Director Ric Davidge has reported
that the Alaska Department of Natural Resources has
published a discussion paper on key issues involved