WSP03867

• File Number: 8029
• Description: Section D General Correspondence - Colorado Agencies
• State: CO
• Basin: Statewide
• Date: 8/24/1960
• Author: Wells A Hutchins
• Title: Western Legislation for Public Administration of Ground Water - Western Resources Conference
• Water Supply Pro - Doc Type: Report/Study

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to prevent wasteful use, undue Interference with existing wells, or
substantial interference with existing rights to appropriate surface
water.

Two States -- Kansas and Nevada -- declare that It Is an express
condition of each appropriation of ground water that the right relates
to a specific quantIty of water and must allow for a reasonable lowering
of the static water level at his point of diversion resulting from later
appropriations. A Wyoming declaration Is worded differently but expresses
the same principle. On the other hand, the idaho statute declares that
early appropriations of ground water shall be protected In the maintenance
of reasonable ground water pumpln9 levels as may be established by the
State Reclamation Engineer. Washington forbids the Issuance of permits
to withdraw wat2r beyond the capacIty of the formation to yield water
withIn a reasonable or feasible pumping 11ft In case of pumping develop-
ments, or a reasonable or feasIble reductIon of pressure In case of
artesIan developments.

The Utah statute accords to a Junior ground water appropriator the
right of replacement of water, with approval of the State Engineer, In
the event that his project may impair a senior right. The nonappropriatlon
statute of HawaiI contains a provisIon along the same lInes.

Preferred uses of water

Preference In use of water Is mentIoned In some statutes, domestic
use bel ng at the head of each 11 st. For e::amp 1<1, one of the correcti ve
control provisions that the Oregon State Engineer may Include In his
order declaring the exIstence of a critical ground water area Is the
accordIng of first preference, without regard to prIorities, to domestic
and livestock purposes, followed by other benefIcial uses In such order
as he deems advisable under the circumstances.

Chanqes In exercise of qround water rlqhts

A number of the ground water statutes authorl ze an approprl ator to
change the locatIon of his withdrawal of water, place of use, and use of
the water without loss of prIority, wIth the approval of the State admin-
Istrative agency. Changes would be conditioned on no resulting enlarge-
ment of the appropriation or ImpaIrment of other rights.

Determination of qround water rlqhts

As In the case of surface streams, administration of appropriative
rl9hts In the common water supply Is facilitated by and under some cir-
cumstances dependent upon a determination of relative priorities of the
several claimants. Such determinations may be solely court adjudica-
tions, or they may be special procedures in which administrative and
judicial functions are combined. Surface stream appropriation statutes
of most Western States contaIn procedures in which the State admInistra-
tive agency is Involved In some way.

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