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<br />f\) <br />co <br />co <br />'-', <br /> <br />subject to Colorado's water. law system in all regards and do not have a (0) <br />status superior to that of privately held water !rights. Since the law was <br />not passed until 1973, such instream flow appropriations are extremely junior <br />rights. More senior rights can oe oetained by the State, but only by pur- <br />chase of existing rights from willing sellers. <br /> <br />In sllIII1Dary, it can be said that .the:water..rights systems of the Upper <br />Basin States do not legally constrain the amount of water that is available. <br />for potential EET developments. If conditional decrees Cin Colorado) or <br />pending applications Cin the other foul" ,States) do not provide sufficient <br />amounts of water, then additional rights could be purchased. However, <br />practical considerations can dampen the desirability of purchasing water <br />from existing users. Furthermore, while "public interest" clauses have <br />essentially not been used to .date as a basis for denying applications for <br />or transfers of water rights, this authority does exist and. could con- <br />ceivably find expression in the future. <br /> <br />Ground Hater. While the laws governing the appropriation of surface <br />water in the Upper Basin States are sufficiently similar .to permit genera- <br />lization, their ground water laws are more diverse. Thus, each State's <br />laws will be very briefly reviewed in the paragraphs below. <br /> <br />In Colorado, tributary ground water (that which is found in alluvial <br />aquifers or which is hydraulically connected. to surface streams) is essen- <br />tially administered within the surface water priority system. These waters", <br />are included under the statuary definition of waters of a natural stream . c{:J <br />and are subject to the doctrine of prior appropriation. Nontributary <br />ground water is water not hydraulically connected to.a surface stream. It <br />is usually found in a confined formation, often. under artesian pressure. <br />The use of this water is administered by the State Engineer through a permit <br />system. The annual amount of water appropriated. is limited to 1 percent <br />of the water in storage in the aquifer below the permit applicant's property. <br />This is intended to insure a useful life of at least IOO years for the <br />aquifer. <br /> <br />, In New Mexico, no permit or license to appropriate ground water is <br />required except in basins declared by the State Engineer "to have reasonably <br />ascertainable boundaries. "I The State Engineer declares such basins when it <br />becomes apparent that regulation is necessary to protect prior appropri- <br />ations, to insure beneficial uses of water, and to insure the orderly <br />development of the resource. In nontributary basins, the State Engineer <br />determines the life of the aquifer and then issues permits accordingly. <br />In basins where surface and ground waters are interrelated, effects on <br />surface flaws are taken into. account by the State Engineer when considering <br />applications to use ground water. <br /> <br />In Utah, ground water is treated essentially the same as surface water <br />and is subject to the appropriation doctrine. The gtate Engineer has the <br /> <br />I. A permit is required to drill an artesian well whether within a declared <br />basin or not. However, the purpose of this permit goes to well construction <br />conditions, not the appropriation of water. <br /> <br />xxxvi ii <br />