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

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I. INTRODUCTION

In the arid West, population concentrations often are

located in areas with limited surface water supplies.

It ha s

long been the practice to supplement local supplies by bringing

in water from other locations.

In many cases, these transfers

involve moving water substantial distances--often between

separate drainages and even between separate river basins. The

receiving area benefits from the additional water that becomes

available. However, concerns about the loss of this water to the

area from which it is taken (the area of origin) have led many

western states to enact some form of statutory protection or

limitation.l

This report considers the approaches that have been taken to

accommodate the interests of the area of origin.

It begins with

a brief discussion of the general legal context established by

the prior appropriation doctrine.

It turns next

to a consider-

ation of the conceptual basis underlying area of origin protect-

ion. Then it discusses the types of protection that exist in the

law, with special attention to the approach found in Colorado.

Then it offers an economic framework within which to evaluate

lFor earlier discussions, see National Water Commission,
Water policies for the Future,-Y-23-324 (1973) [hereinafter
National Hater Commlssion Report]; R. Kletzing & R. Robie, Area
oC Origin Statutes--The California Experience, 15 Idaho
L. Rev. 419 (1979). G. Weatherford, Legal Aspects of Inter-
regional Water Diversion, 15 UCLA L. Rev. 1299, 1313-1317
(196B); R. Johnson, National Water Commission, Major Interbasin
Transfers--Legal Aspects (Legal Study No.7, National Water
Commission) 67-86. (preliminary draft July 26, 1971) [hereinafter
Legal Study No.7].

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