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<br />OD03jj <br /> <br />C. Various roles for State of Colorado <br /> <br />1. Maintain status quo and make no changes to existing law. <br /> <br />a. Let State Engineer move water users toward more efficient practices with his <br />current authority and jurisdiction. <br /> <br />b. Let those who want to improve efficiency proceed with only the current <br />incentives to stimulate such activity. <br /> <br />c. Let judiciary resolve entitlement to saved or salvaged water in a proper case <br />with specific facts. <br /> <br />2. Clarify current entitlement to saved or salvaged water by legislative declaration <br />with specific statutory changes to make that intent clear. <br /> <br />3. Support and encourage increased water conservation through enhanced efficiency. <br /> <br />a. Clarify or change law in ways that create additional incentives. <br /> <br />b. Provide additional state programs with technical and financial aid. <br /> <br />c. Incorporate saved water into a comprehensive strategy to meet future water <br />quantity and quality goals. <br /> <br />d. Minimize transaction and litigation costs by allowing review and approval by <br />State Engineer, leading to rebuttable presumptions. <br /> <br />4. Create a specific entitlement, if no present entitlement exists, to saved or salvaged <br />water as an incentive to those who otherwise might not become more efficient. <br />It may matter less who gets the entitlement, than that the right be clearly assigned. <br />The market place will then determine where the saved water goes. <br /> <br />5. State could take a portion of saved water, and use for instream purposes and to <br />offset potential injuries to others on stream system. <br /> <br />6. Regulate and mandate that water use efficiencies must meet specific minimum <br />requirements. Authorize the State Engineer to vigorously eliminate wasteful or <br />inefficient practices. Consider allowing private enforcement actions by those who <br />can show a use for water currently denied to them by an inefficient water use. <br /> <br />26 <br />