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<br />00312'2. <br /> <br />. <br /> <br />. <br /> <br />PRESENTATION TO PACIFIC SOUTHWEST INTER-AGENCY <br />COMMITTEE MEETING <br /> <br />Las Vegas, Nevada <br /> <br />November 29, 1961 <br /> <br />A DISCUSSION OF THE LEGAL ASPECTS OF WATER SALVAGED BY PHREATOPHYTE <br />CONTROL ACTIVITIES <br /> <br />In keeping with long-standing practices within the legal <br /> <br />and engineering professions Wherein lawyers discuss the engineering <br /> <br />aspect of any and all problems, an engineer will discuss the legal <br /> <br />aspects of water salvage. <br /> <br />To quiet your fears in this regard, however, I must <br /> <br />confess that I prevailed upon a legal member of the staff of the <br /> <br />Colorado Water Conservation Board to prepare this material for <br /> <br />me. <br /> <br />Salvaged water is that portion of water in a water supply <br /> <br />which, under natural conditions, is lost, but which by means of <br /> <br />artificial devices is recovered and made available for beneficial <br /> <br />uses. It should be distinguished from developed water which is <br /> <br />water that, in its natural state, does not augment a water supply, <br /> <br />but is added to a water supply by means of artificial works. <br /> <br />The general rule of salvaged water is that the one making <br /> <br />the improvements has the right to use a portion of the stream flow <br /> <br />salvaged by means of artificial improvements. It is based upon <br /> <br />the principle that one should be entitled to the fruits of his <br /> <br />~ <br />