WSP03914 - Laserfiche WebLink

Home Browse Search

30 With respect to use ,of tributary gr'Oundwaters (i .e., those sub- surface waters th~t are hydraulical~ connected to natural streams), the 8 doctrine of priorapprop.riation applies. Most of these rights are junior to surface water rights. Augmentation plans are one sol ution to the ~roblem of integrating ground and surface-water use. Persons and water entities (~.g., irriga- tion districts, municipalities, and mutual irrigation companies), alone or in concert, may implement plans for augmentation including water exchanges. Such. plal'ls are defined by law as a "detailed program to, increase the supply of water available for beneficial use.; .by develop~ ment of new or alternative means or points of diversion, by pooling water resources, by water exchange projects, by providing suhstitute supplies of water, by the development of new supplies of water or by other appropriatemeans" (Colorado Revised Statutes 37-92-103). Finally, in this section on water law, interstate compacts need to be mentioned,. and in particular, the South Platte Compact approved by Colorado and Nebraska in 1923. Interstate surface water compacts specify the amount of water that must be allowed to flow to other states. Key provisions of the South Platte Compact are that: (a) between October 15 and April 1, Colorado is allowed full use of all river water flowing within its boundaries, except for one canal begin- ning near OVid,Colorado, and flowing into Nebraska; (b) between April 1 and October 15 of each year, Colorado will only divert water for rights with a priority after June 14, 1897 if the mean flow at the Interstate Station is greater than 120 cubic feet per second; and (c) Nebraska is not enti tled to receive any water beyond that necessary to supply entitled beneficial uses in Nebraska. Because of the lateness of the ".