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WSP03914
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Last modified
1/26/2010 12:52:48 PM
Creation date
10/12/2006 12:02:12 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407
Description
Platte River Basin - River Basin General Publications
State
CO
Basin
South Platte
Water Division
1
Date
5/1/1987
Author
South Platte Researc
Title
Voluntary Basinwide Water Management - South Platte River Basin Colorado
Water Supply Pro - Doc Type
Report/Study
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<br />28 <br /> <br />, <br />l <br />i <br /> <br />All three levels of institutions are necessary to make vol untary <br />basinwide water resources management work. The principal thrust of this <br />research report, as previously indicated, is to find ways to make it <br />work through advantageous mutual action. Institutionalization of such <br />mutually advantageous action can then be effected by contract; but such <br />contractual arrangements must be consistent with laws and regulations. <br />The formal institutions of concern to those seeking new opportuni- <br />ties for mutually advantageous action in the South Platte River Basin <br />are briefly discussed below under three major headings: (1) Water Law; <br />(2) State Administration and Adjudication; and (3) Management Institu- <br />tions. <br />3.2 Water Law <br /> <br />I <br />~ <br />, <br />f;<, <br /> <br />t <br /> <br />Water law for surface waters in Colorado relies on the Prior <br />Appropriation Doctrine and has four major elements (2): <br />(1) water is state property not subject to private ownership; <br />(2) a vested right to the use of water may be acquired hy <br />appropriation for beneficial use; <br />(3) the first person in time to use the water is first in right; <br />and <br /> <br />I <br />I <br /> <br />'if, <br /> <br />(4) beneficial use is the basis, the measure, and the limit of the <br />right. <br /> <br />Over time a variety of supplemental principles and assumptions have <br />been used to modify and adapt these basic elements of law to changing <br />conditions. A statute (Colorado Revised' Statutes, 37-92-103) provides <br />that <br /> <br />"Beneficial use is the use of that amount of water that is reason- <br />able and appropriate under reasonably efficient prac1:ices without <br />
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