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<br />. <br /> <br />problems were not given significant consideration in the 1922 Colorado <br /> <br />w <br />00 <br />o <br />(,,/1 <br /> <br />River Compact Act, the 1928 Boulder Canyon Project Act, the 1944 <br /> <br />. <br /> <br />Mexican Water Treaty, and the 1948 Upper Colorado River Basin Compact. <br /> <br />The other is that, except for siltation (sedimentation), water quality con- <br /> <br />ditions in the basin have grown progressively worse. <br /> <br />, <br /> <br />Part of the reason water quality conditions have grown progressively <br /> <br />worse is that the appropriation doctrine of water law--the system of law <br /> <br />. <br /> <br />that prevails in all of the Colorado River Basin States and the basin upon l/ <br /> <br />which water has been allocated in the "Law of the River" --is itself not <br /> <br />accommodating to water quality management. Since this doctrine may <br /> <br />. <br /> <br />not be well known to those living in areas where the riparian doctrine of <br /> <br />water rights prevails, a brief word of explanation is in order. <br /> <br />. <br /> <br />Water Quality and the Appropriation <br />Doctrine of Water Law <br /> <br />The appropriation doctrine is stated succinctly in the following <br /> <br />. <br /> <br />passage from Water Policies for the Future, the Final Report of the <br /> <br />The basic tenants of that system are that (l) a water right <br />can be acquired only by the acquiring party diverting the <br />water from a water course and applying it to a beneficial <br />use and (2) in accordance with the date of acquisition, an <br />earlier acquired water right shall have priority over other <br />later acquired water rights. Water in excess of that needed <br />to satisfy existing rights is viewed as unappropriated water, <br />available for appropria.tion by diversion and application of <br />the water to a benefiCial use. The process of appropriation <br />can continue until all of the water in a stream is subject to <br />rights of use through withdrawals from the stream. (p. Z71) <br /> <br />. <br /> <br /> <br />National Water Commission: <br /> <br />. <br /> <br />. <br /> <br />l4 <br /> <br />. <br />