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<br />00063Q <br /> <br />. <br /> <br />. <br /> <br />.' . <br /> <br />Sec. 201 of the Act authorizes the Secretary of Interior <br /> <br />"to acquire.... by eminent domain proceedings ... private lands <br /> <br />having presently perfected State water rights appurtenant thereto <br /> <br /> <br />and such State water rights as may be sold, or transferred inde- <br /> <br />pendent of land <br /> <br />" <br /> <br />Colorado is opposed to the use of the power of eminent domain <br />for the acquisition of water rights. Experience in Colorado has <br />demonstrated that water rights for the increased demands caused by <br />Colorado's rapid growth have been available on the open market <br />without the necessity of utilizing the power of eminent domain. <br /> <br />In Colorado, water seeks its own economic level, or, as it is some- <br /> <br />times said, "Water runs uphill toward money." <br /> <br />Our legislature has recently drastically curtailed the POWer <br />of municipalities to acquire water rights by eminent domain follow- <br />ing an attempt by a Colorado municipality to pursue that course. <br />Although the power had existed for a century, this was the first <br />serious attempt to exercise that power, and public reaction was <br />prompt, bitter and vocal in opposition. <br />Secondly, Colorado would oppose any authority granted to the <br />Secretary to transfer water rights without complying with state <br /> <br />water law. Sec. 201 (c) provides, inter alia: <br /> <br />(c) Notwithstanding any provision of Federal or State <br />law to the contrary, and in satisfaction of the Tribes' <br />existing water rights, the Secretary may sever State water <br />rights from lands acquired under subsection (a) hereof and <br />may transfer such water rights to lands within the reserva- <br />tions of the Central Arizona Tribes. <br /> <br />5 <br />