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

Director of Water Resources.37

A number of factors are listed

for consideration, though others also may be raised:

1. The economic, environmental, and other benefits of
the proposed interbasin transfer and use;

2. Any adverse impacts of the proposed interbasin
transfer and use;

3. Any current beneficial uses being made of the
unappropriated water in the basin of origin;

4. Any reasonably foreseeable future beneficial uses
of water in the basin of origin;

5. The economic, environmental, and other benefits of
leaving the water in the basin of origin for current
or future beneficial uses;

6. Alternative sources of water supply available to
the applicant; and

7. Alternative sources of water available to the basin
of origin for future beneficial uses.38

A cost-benefit analysis from the state perspective is to be

undertaken, and the application is to be denied "if the benefits

to the state from granting the application do not outweigh the
benefits to the state from denying the application."39

37Nebraska Laws 1981, LB252, 86, Neb. Rev. Stat. 846-289
(19841. The first such review under this statute has just been
completed. In the Matter of Application 11.-15738 for a Permit to
Divert Water from the South Platte River for Storage in Enders
Reservoir (Nov. 4, 1985).

38 Id.

39Id. Kansas passed a law in 1ge3 that follows a very
similarapproach respecting all proposed diversions of at least
1,000 acre-feet of water per year for use more than 10 miles from
the point of diversion. Kansas Laws 1983, Ch. 341, codified at
K.S.A. 882a-150l-l506 (1984). One additional factor of interest
is "conservation practice implementation plans for the use of
water currently available to and being used by the applicant and
for the use of the water proposed to be transferred."
K.S.A. 882a-1503(d) (6) (1984).

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