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<br />Salinity control units now under planning investigation could remove over <br />120,000 acre-feet of water per year from the river system. Some of the <br />Basin States' water law does not define this consumptive use of water for <br />quality control as a beneficial use and does not provide for appropriation <br />rights for this use. <br /> <br />Water rights for consumptive loss of water will generally be required for <br />disposal of saline ground water and related surface water. Each salinity <br />control site poses a unique legal situation for filing of water rights, <br />depending on downstream priority rights and local restrictions. Some <br />units, like LaVerkin Springs, are located on rivers (i.e., Virgin River) <br />that are already fully appropriated, so purchase of an existing senior <br />water right or augmentation from other sources is necessary for any deple- <br />tion. For other units, like Paradox Valley, some arrangements for augmen- <br />tation of water is required to compensate for any damages to senior water <br />rights, particularly during low streamflow and shortage situations. <br /> <br />Rights to the use of ground water in the Colorad6 River Basin States are <br />controlled by a number of doctrines. In some States, the use of percolat- <br />ing ground water may be governed by the prior appropriation doctrine; in <br />others, administrative control and restrictions may apply in designated <br />areas. Each saline ground-water situation must be researched to determine <br />if the saline water is induced (i.e., through oil wells), part of natural <br />flows, or otherwise interconnected with, or tributary to, surface flows. <br /> <br />In the Grand Valley Unit study, a related water rights and beneficial use <br />issue was raised over the disposition of "saved" water that would be avail- <br />able due to seepage reduction from lining the Grand Valley canals and <br />laterals. The disposition of the excess water was resolved as part of <br />operation and maintenance contract executed between the United States and <br />the Grand Valley Water Users Association. Contract provisions do not <br />alter, amend, modify, or conflict with any existing water rights but assure <br />that any water "saved" by project facilities may be applied only to pres- <br />ently irrigable lands. Moreover, the "saved" or excess water may only be <br />put to use in a manner which does not result in any material increase of <br />salinity inflow to the Colorado River. In addition, a conservation provi- <br />sion regulates the use of "excess" water by the water users through special <br />water cost surcharges for any water use exceeding water rights agreements. <br />The "saved" water issue is still being examined among units with ongoing <br />investigations. <br /> <br />In general, there are several State water law restrictions on changes in <br />rights, stream regimen, and reuse of water that may affect salinity control <br />planning. Colorado River Basin States' statutory restrictions on changes <br />in water rights in terms of point of diversion or use, or purpose of use, <br />apply equally to all water rights changes. Any control plans that address <br />water reuse may require changes from the historical exercise of the water <br />rights concern. The statutory procedures for obtaining approval of changes <br />in water rights require several actions, reviews or hearings, and possible <br />appeals, often resulting in inherent delays. State water laws also con- <br />strain any actions that alter the regimen of the stream, e.g., the rate and <br />timing of flow, or degrade the quality of water returned to the stream for <br /> <br />28 <br />