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WSP08323
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Last modified
1/26/2010 2:47:45 PM
Creation date
10/12/2006 2:54:00 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8051
Description
Area of Origin
Basin
Statewide
Date
12/1/1985
Title
Guidelines for Developing Area-Of-Origin Compensation -- A Research Report Prepared for the Colorado Water Resources Research Institute
Water Supply Pro - Doc Type
Report/Study
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<br />"reasonable share" of the water originating in the upper reaches <br /> <br />of stream systems for the residents of those areas.25 <br /> <br />More <br /> <br />commonly, the process involves a review of transfers to assure <br /> <br />that some reasonable amount remains in the area of origin. <br /> <br />A Texas statute passed in 1965 restricts the Texas Water <br /> <br />Development Board from developing any plan for a transbasin <br /> <br />diversion "if the water supply involved in such a plan or <br /> <br />project will be required to supply the reasonably foreseeable <br /> <br />future water requirements for the next ensuing fifty-year period <br /> <br />within the river basin of origin...."26 <br /> <br />In effect, this statute <br /> <br />creates a reservation of water needed in areas of origin for a <br /> <br />50-year period as against state sponsored or funded water <br /> <br />development.27 <br /> <br />Oklahoma law contains the following provision: <br /> <br />In the granting of water rights for the <br />transportation of water for use outside the <br /> <br />wa~er were reserved for the counties of origin. <br /> <br />2SN.M. Stat. Ann. 872-5-29 (1978). There is no reported <br />litigation applying this statute. Its apparent intent was to <br />protect early settlers who may have neglected to comply with <br />state water law to perfect their rights. See, E. Clark, Water <br />Rights Problems in the Upper Rio Grande Watershed and Adjoining <br />Areas, 11 Natural Res. J. 48 (1971). <br /> <br />26 Ch. 297, 82 1965 Tex. Gen. Laws 588, codified at <br />Tex. Water Code Ann. 916.052 (Vernon Supp. 1985). <br /> <br />27Johnson & Knippa, "Transbasin Diversion of Water," 43 <br />Texas L. Rev. 1035, 1051 (1969): "Termed derisively by some as <br />the 'fifty-year lockup,' these proviSions evidently are intended <br />to assure originating areas sufficient water to meet their <br />anticipated needs for a period of fifty years following the <br />planning of a transbasin project by the Water Development Board <br />or following the decision to finance such a project with state <br />funds." <br /> <br />12 <br />
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