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Last modified
1/26/2010 2:27:40 PM
Creation date
10/12/2006 2:26:01 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.760
Description
Yampa River General
State
CO
Basin
Yampa/White
Water Division
6
Date
1/1/1981
Author
USGS
Title
Assessments of Impacts of Proposed Coal-Resource and Related Economic Development on Water Resources - Yampa River Basin - Colorado and Wyoming - A Summary - 1981
Water Supply Pro - Doc Type
Report/Study
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<br />"aw <br /> <br />The Upper Colorado'- River Compact of 1948 <br />(Col~rado Revised Statutes, 1973, Art. 37-62), ap- <br />portions the amount of water allocated to the Up- <br />per Basin States (Colorado, Wyoming, Utah, <br />Arizona. and New Mexico) and also dictates the <br />procedure to be used by the Upper Basin States to <br />meet a demand for water by the Lower Basin <br />States. Stipulations of this compact directly af- <br />fecting the Yampa River basin involve the <br />minimum release of water from the Yampa River <br />near Maybell, Colo. (fig. 1), and the distribution of <br />irrigation diversions of certain tributaries of the <br />Little Snake River along the Colorado-Wyoming <br />State line (Knudsen and Danielaon, 1977). <br /> <br />On-stream reservoir operations, which may in- <br />crease in the Yampa River basin, constitute a <br />special case of water administration and manage- <br />ment. This is partly due to the need to ensure that <br />illegal storage of water does not occur, The criteria <br />used to determine the reservoir outflow required to <br />fulfill downstream senior water rights vary in ac- <br />cordance with local conditions and customs. The <br />management of such stored water needs to be <br />accomplished without jeopardizing senior water <br />rights. <br /> <br />Numerous proposed reservoir projects in the <br />Yampa River basin have been designed not only to <br />appropriate additional waters of the Yampa River <br />basin but also to rearrange, to some degree, the <br />existing water-use patterns (Steele and others, <br />1979). Future water-development projects will be <br />dependent on factors such as future land-use pat- <br />terns in the area and the availability of water. The <br />Yampa River basin and adjacent areas have an <br />abundance of energy resources that will require <br />substantial amounts of water for development <br />(Holland, 1975; Van Zandt, 1975; Steele, 1976). If <br />no unappropriated water is available following the <br />im pie mentation of the major proposed reservoirs <br />mentioned above, future development may depend <br />upon the acquisition of existing surface-water <br />rights to meet anticipated water demands or on the <br />development of ground-water resources. Changes <br />in use and changes in points of diversion for water <br />rights are granted by the courts, and each case is <br />considered individually. It is difficult to give <br />definitive guidelines for forecasting future actions <br />by the courts in these matters. However, in any ac- <br />tions, adverse effects upon existing water rights- <br />junior or senior-are evaluated carefully by all <br />affected parties. <br /> <br />In the Upper Colorado River Basin, some water <br />traditionally used for irrigation is being transferred <br />to industrial use through purchase and the ap- <br />propriate judicial procedures (Colorado Depart- <br />ment of Natural Resources, 1980). The circum- <br />stances surrounding such transfers vary from case <br />to case. Irrigation is a seasonal use of water; an in- <br />dustry commonly requires a year-round use of a <br />fixed amount of water. There is a difference in the <br />consumptive uses of irrigation versus industry; that <br />is, that portion of a water withdrawal that is totally <br />consumed by the beneficial use and not. returned to <br />the river system. Generally, such transfers in water <br />use are dependent on the degree of injury to vested <br />rights, the historic diversion of the right to be <br />transferred, consumptive use of the water, and <br />other factors the water court or affected parties <br />may introduce in the adjudication in a particular <br />case. <br /> <br />With increased coal-resource and associated <br />economic development, the competition for water <br />in the basin is becoming greater and greater. In the <br />event certain streams of the Yampa River basin <br />become depleted to the point where Colorado or <br />Wyoming can no longer meet their interstate- <br />compact commitments in the Upper Colorado <br />River Basin, the doctrine of prior appropriation will <br />determine which junior decrees are to be denied <br />water in order to fulfill these commitments. This <br />could well involve junior decrees adjudicated to in- <br />dustrial companies for energy development or for <br />allocating minimum flows to protect aquatic life, <br /> <br />In summary, water in the Yampa River basin is <br />allocated by a combin!ltion of constitutionally <br />recognized rights, State statutes. water-rights <br />decrees, administrative practice, and case law as <br />developed through litigation. In Colorado, the <br />State Engineer administers the water of the State <br />in accordance with water decrees adjudicated by <br />the courts of the State. In Wyoming, the State <br />Engineer haa a direct role in administration of <br />water rights. These factors, plus other changes to <br />the physical system due to the addition or deple- <br />tion of water, undoubtedly will interact with ex- <br />isting water rights and will affect subsequent use of <br />water in the Yampa River basin. Physical-based <br />water-resource studies need to consider these in- <br />stitutional factors. <br /> <br />No mention has been made up to this point of the <br />numerous pieces of Federal water-pollution-control <br />legislation having general or specific application to <br /> <br />9 <br />
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