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Last modified
1/26/2010 2:21:20 PM
Creation date
10/12/2006 1:26:17 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8583
Description
Rio Grande Decision Support System
State
CO
Basin
Rio Grande
Water Division
3
Date
1/1/1988
Author
Steven J. Shupe & Jo
Title
The Upper Rio Grande: A Guide To Decision-Making
Water Supply Pro - Doc Type
Publication
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<br /> <br />42 <br /> <br />CurL):) <br /> <br />".',~, <br /> <br /> <br />:,:~;~f;~ <br /> <br />.,:: <br /> <br />River rafting has increased in popularity and created demands for recreational <br />instream flIYWs. PHaro BY PAUL LOGSDON, <br /> <br />WATER LAWS developed in the west, <br />em United States during an era <br />when resource exploitation was <br />rewarded and little thought was <br />given to conseIVation or preserva- <br />tion. The Prior Appropriation Doc, <br />trine reflected this ethic of develop. <br />ment, giving water rights only to <br />those who diverted water away from <br />rivers and streams. Water flowing in <br />the streambed was not recognized as <br />having any protectable value under <br />the law-and no one, including <br />those owning streamside land, could <br />stop upstream users from diverting <br />unappropriated water and drying up <br />the flow. <br /> <br />Much has changed since the Prior <br />Appropriation Doctrine developed in <br />the previous century, Beginning in <br />the 1960s, most western state legisla- <br />tures have enacted laws to protect <br />free- flowing waters in important <br />rivers and streams. Federal statutes <br />have also had the effect of protecting <br />instream flows in various situations. <br />These protective efforts are re- <br /> <br />INSTREAM FLOWS <br /> <br />sponses to the demands of several <br />constituencies depending on in- <br />stream flows for a number of <br />pUlposes: <br /> <br />The dilution of effluent dis- <br />charged by cities and industries <br />that would otherwise have to <br />invest additional funds in treat- <br />ment facilities. <br /> <br />Sustaining unique and impor- <br />tant habitat for fish, birds, ani, <br />mals, and vegetation in arid <br />parts of the West. <br /> <br />Supporting whitewater rafting, <br />fishing and other water-based <br />recreation <br /> <br />Supporting the practice of <br />Indian religions that relate to free <br />flowing waters. <br /> <br />Protecting wilderness and other <br />environmentally sensitive <br />regions, <br /> <br />Enhancing the value of stream- <br /> <br />side property that would be <br />diminished by dry streambeds. <br /> <br />Transporting sediment that <br />would otherwise clog stream <br />channels and create erosion, <br />drainage and flooding problems. <br /> <br />Instream Flows are not always natu- <br />ral. In fact, many reaches of the Rio <br />Grande and other western rivers <br />depend on reservoir releases or <br />artificial impoundments for ade- <br />quate water. Some wild life <br />habitats, for example, have been <br />created by reservoirs or irrigation <br />return flows. Both natural and <br />artificial instream conditions have <br />their defenders, and demands of <br />these groups may have more to do <br />with increasing or altering reservoir <br />releases than preserving a purely <br />natural stream condition. <br /> <br />Many strategies for instream flow <br />protection have been adopted in the <br />western states. Some states, includ- <br />ing Colorado, have enacted legisla- <br />
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