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From page 233... ... 233 Interbasin Water Transfers in the Western United States: Issues and Lessons David H Getches Sometimes the demand for water justifies transporting it far from the stream where it originates, even into the watershed1 of another river. Read the entire page →
From page 234... ... 234 WATER CONSERVATION, REUSE, AND RECYCLING out unduly restricting interbasin transfers of water.2 These measures range from simply considering the possible impacts, to providing mitigation, to barring transfers. They vary in effectiveness from state to state, and no state has a truly comprehensive approach. Read the entire page →
From page 235... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 235 and to recognize the interests of the county and its residents. On their own the residents of Owens Valley lacked sufficient political influence, but after environmental protection has become a legally recognized state interest, the valley's concerns could be at least partially vindicated. Read the entire page →
From page 236... ... 236 WATER CONSERVATION, REUSE, AND RECYCLING granting the application will be consistent with "the public interest" or "public welfare." Some of the earliest cases in which the courts recognized the prior appropriation doctrine involved distant transfers, even to other drainage basins (Coffin v. Left Hand Ditch Co., 6 Colo. Read the entire page →
From page 237... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 237 minerals have been removed or agriculture in areas that produce low-valued crops. The most frequent purchaser is a city that needs a larger water supply to serve a growing population. Read the entire page →
From page 238... ... 238 WATER CONSERVATION, REUSE, AND RECYCLING will not come if they are seeking an unspoiled natural environment, including free-flowing streams that are valued for fishing, hunting, boating, and aesthetics. Such areas also may become unattractive to new businesses who are seeking a location with a pleasant, healthy environment. Read the entire page →
From page 239... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 239 dissension between the people in the watershed and those in the areas where the water is used. Some of the problems caused by the transbasin diversion of virtually all of the Colorado River are as follows: • Nearly all species of native fish in the river are either extinct or endangered. Read the entire page →
From page 240... ... 240 WATER CONSERVATION, REUSE, AND RECYCLING allowed only when interbasin water transfer provides the lowest cost source of water and the benefits exceed the costs. No state has adopted any such law or policy. Read the entire page →
From page 241... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 241 voir before the proposed diversion for the Windy Gap project could be approved. Under this law the importer must present detailed plans for the compensatory storage facilities and demonstrate that they will be adequate before the water court will approve a diversion of water over the Continental Divide (Colorado River Water Conservation Dist. Read the entire page →
From page 242... ... 242 WATER CONSERVATION, REUSE, AND RECYCLING vancy districts and only to exports from the basin of the Colorado River. Therefore it does not apply to the larger and more numerous transbasin diversions in Colorado that have been undertaken by Denver and other municipalities. Read the entire page →
From page 243... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 243 the area of origin may be restrained by the fact that water is committed to the importing area, even if there is a legal right to demand the water for future growth in the area of origin. California's county of origin statute protects only those counties in which the water "originates." This wording has been construed to mean that counties are protected only to the extent that water actually originates, in the form of rain or snow, within their boundaries. Read the entire page →
From page 244... ... 244 WATER CONSERVATION, REUSE, AND RECYCLING business in California. It was nevertheless assumed that the county of origin act and the Watershed Protection Act were still effective since § 8 of the federal Reclamation law purported on its face to incorporate state law to control the way water rights are acquired. Read the entire page →
From page 245... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 245 Revised Statutes § 533.370[3] Read the entire page →
From page 246... ... 246 WATER CONSERVATION, REUSE, AND RECYCLING Instream Flow Protection Laws creating state programs to protect instream flows indirectly address significant issues that arise from interbasin transfers. Most of these laws allow state agencies to enforce minimum streamflows. Read the entire page →
From page 247... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 247 Land Use Regulation Colorado has an unusual law that allows local governments to regulate land uses that are of statewide significance (Colo. Read the entire page →
From page 248... ... 248 WATER CONSERVATION, REUSE, AND RECYCLING does not mandate that a final decision be environmentally benign. It only requires that the agency adequately present complete information before making its decision. Read the entire page →
From page 249... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 249 The ESA is extremely powerful because nearly every major water project -- not just those undertaken directly by the federal government -- either requires some kind of federal approval (such as under § 404 of the Clean Water Act) , or receives federal financing. Read the entire page →
From page 250... ... 250 WATER CONSERVATION, REUSE, AND RECYCLING only those that involve interbasin transfers of water. Dozens of initiatives throughout the western United States demonstrate the potential for these locally based, problem-solving entities. Read the entire page →
From page 251... ... INTERBASIN WATER TRANSFERS IN THE WESTERN UNITED STATES 251 7 National Research Council, National Academy of Sciences, Water Transfers in the West: Efficiency, Equity, and the Environment, 257–59 (1992) Read the entire page →

From page 233...

... 233 Interbasin Water Transfers in the Western United States: Issues and Lessons David H Getches Sometimes the demand for water justifies transporting it far from the stream where it originates, even into the watershed1 of another river.