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Last modified
1/26/2010 12:46:59 PM
Creation date
10/11/2006 11:21:52 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8029
Description
Section D General Correspondence - Colorado Agencies
State
CO
Basin
Statewide
Date
2/27/1961
Author
David J Miller
Title
Ground Water - Liability of Asset-Child or Foundling
Water Supply Pro - Doc Type
Report/Study
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<br />:.JJH3!. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />of the instruments, one of the institutions that serves man's needs, <br />aspirations and ambitions. Whether law serves its purpose well or <br />poorly is determined by whether it recognizes the scientific knowledge, <br />sqund public administration and the problems of human nature. Law <br />il'l simply a part of a team. Geology finds the water, hydrology mea- <br />sures it, engineering provides the machines for its withdrawal and its <br />application to beneficial use. Physics and chemistry may determine <br />its quality and suitability for specific purposes. Law may determine <br />to whom the water belongs, the power of the state to administer its <br />use, the manner by which it shall be shared in times of shortage. Law <br />may create the agency by which the people in the affected area can <br />achieve an equitable and effective regulation. <br /> <br />The ground water problem is a one of democratic action, <br />scientific research, public administration, legislation, economics, <br />and community development. The problem cuts across the property <br />line of the individual farm. the boundaries of cities, towns and states. <br />It exists in every river basin. The problem is interrelated to surface <br />waters, and other natural resources. The problem is different in <br />each aquifer. The problem has been dealt with by the individual <br />farmer, the individual homeowner, the largest as well as the small- <br />est city, the state, and its agencies, the federal government and its <br />agencies. <br /> <br />There is wide disagreement upon the fundamental legal <br />theory, administration, and possible legislation. Yet there is <br />a concensus of agreement on some basic questions. All agree that <br />the ground water resources should be applied to optimum beneficial <br />use. Harold E. Thomas of the United States Geological Survey in a <br />paper delivered to the Western Resources Conference, 1959, page 181, <br />defines the term "optimum" as follows: <br /> <br />"Optimum: Not the maximum, nor the most conservative <br />or the most liberal, nor the most economical, but only <br />the best and most favorable use of water. And if you ask <br />'best for what? I the logical answer is 'the greatest good <br />for the greatest number '. " <br /> <br />Ground water problems may be classified in many ways. They <br />may be physical and scientific, legal, administrative, economic, and <br />human or social. <br /> <br />Physical and scientific problems relate to the facts as <br />reported or discoverable by the sciences of geology, engineering, <br /> <br />- 2 - <br />
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