WSP08323

• 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

"

In an interstate context., waters have been formally a1lo-

cated by two general means--interstate compacts and court

de.creed equitable apportionment.

The Colorado River Compact of

192232 is the classic example of an interstate compact one of the

major purposes of which was to protect the future availability of

water for the areas of origin of the Colorado River.

Coloraao

and other upper basin states were concerned that the rapid growth

in southern California would result in full appropriation of the

Colorado River leaving nothing for their own later development.

The permanent division of water incorporated into the compact

arrangement was intended to protect development interests in

these upstream states.33

Since the 1907 case of Kansas v. Colorado34 the U.S. Supreme

Court has taken original jurisdiction in litigation between

.1

states regarding interstate waters.

In general, the Court has

applied the law of prior appropriation in cases involving states

recognizing this doctrine.35

Not surprisingly, emphasis is

quent users within the stream system of origin.

3270 Congo Rec.
Boulder Canyon project
U.S.C. B6l7(1} (1982).

324 (l928), al2proved by Congress in the
Ac t, Ch. 4 2, B 13, 4 5 S tat. 1064 (l 92 8), 4 3

33Indeed the lower basin states have long since diverted
their full entitlement of 7.5 million acre-feet per year while
the upper basin states have yet to apply their full share to
beneficial use.

34206 U.S. 46 (1907).

35See the excellent discussion by Tarlock, "The Law of
EquitabTe' Apportionment Revisited, Updated and Restated," 56
u. of Colo. L. Rev. 381 (1985).

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