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<br />generally on protection of existing uses and provision f.or <br /> <br />apparent new uses. <br /> <br />Area of or ig in protect ion has not pi ayed a <br /> <br />significant role in court decisions under this doctrine. <br /> <br />As demonstrated in the interstate context by the Colorado <br /> <br />River, formal reservation of water can assure the future avail- <br /> <br />ability of water for slower-developing areas of origin. <br /> <br />At the <br /> <br />same time such an approach creates inflexibility. <br /> <br />It is diffi- <br /> <br />cult to project the amount of water that may be needed in such <br /> <br />areas of origin. Reservations or apportionments that are fixed <br /> <br />become difficult to change even if they no longer make sense. <br /> <br />3. <br /> <br />Evaluation. <br /> <br />A third general allocation method is .to <br /> <br />evaluate transbasin diversions on the basis of a number of <br /> <br />general standards. <br /> <br />Reservation of water is not involved. <br /> <br />In <br /> <br />appropriation states following the permit system, water rights <br /> <br />are established through application with the appropriate state <br /> <br />agency. <br /> <br />While the requirements vary considerably from state to <br /> <br />state, in each case certain conditions must be met.36 <br /> <br />In some states, specific provisions address interbasin <br /> <br />transfers. <br /> <br />A 19B1 Nebraska law specifically subjects all <br /> <br />proposed interbasin transfers to a public interest review by the <br /> <br />36For example, in states like Wyoming the considerations are <br />limited to a demonstration that the diversion of water is taking <br />place and that the water is being applied to a recognized <br />beneficial use. See Wolfe, "Administering Water Rights: The <br />permit System," paper presented at Western Water Law in <br />Transition Conference (Natural Resources Law Center, U. of <br />Colorado, June 3-5, 19B5). Other states address a broader set of <br />considerations including, in some cases, a general "public <br />interest" standard. See, e.g. Alaska Stat. 46.15.0BO (19B2); <br />Neb. Stat. S 46-235 (19B4); N.M. Stat. Ann. 872-5-7 (1978). <br /> <br />15 <br />