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WSP08323
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Entry Properties
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 />be accounted for in interbasin transfers which are not suffi- <br /> <br />ciently recognized under the traditional appropriation doctrine. <br />In a very real sense there is no such thing as "surplus" water.7 <br /> <br />1\ watershed is permanently changed when its natural flow is <br /> <br />diverted and removed. <br /> <br />The full costs associated with this change <br /> <br />must be accounted for and included in the cost of the diversion. <br /> <br />In the absence of a market that gives the appropriate price <br /> <br />signals, statutorily created mechanisms are needed. <br /> <br />We turn next <br /> <br />to a review of the various approaches that have been taken. <br /> <br />IV. TYPES OF PROTECTION <br /> <br />Area of origin protection methods can be divided into three <br /> <br />general categories: <br /> <br />prohibition or severe restriction; alloca- <br /> <br />tion; and compensation. <br /> <br />It is important to note that the <br /> <br />approaches taken often involve some mixture of methods from among <br /> <br />these categories. <br /> <br />A. Prohibition or Severe Restriction <br /> <br />The most extreme form of protection is, of course, to <br /> <br />prohibit such transfers. <br /> <br />Examples may be found in most jurisdic- <br /> <br />tions following the riparian doctrine and in the former law of <br /> <br />Nebraska. <br /> <br />Examples of major restrictions are provided under the <br /> <br />current law in Arizona and Montana. <br /> <br />1. <br /> <br />Riparian Law. <br /> <br />Riparian water law itself has a built-in <br /> <br />7Nevertheless. <br />accompanying note 30 <br /> <br />see the Oklahoma definition cited <br />infra. <br /> <br />in <br /> <br />text <br /> <br />6 <br />
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