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From page 287... ... See Indian communities / reservations; Tribal governments 287 American Water Development, Inc., 28 Amity Canal Irrigation Company, 61 Anasazi, 21,163,175,236 Animas-La Plata Project, 178 Appropriative rights in California, 218,231 creation of system of, 70 explanation of, 219-220 Appurtenancy rules, 77-78 Area-of-origin impacts in California, 225-228,231 committee conclusions and recommendations regarding, 10-11,49-50,250-251,257-259 in rural communities, 46,49-50 Area-of-origin interests in Colorado, 158 representation of, 258 state laws and, 78-79 Area-of-origin protection in Arizona, 208-209 in California, 78,115 in Colorado, 143 components of, 259 discussion of, 115-116 Arizona. See also Central Arizona case study Read the entire page →
From page 288... ... case study area-of-origin protection law in, 78, 115 dry year option arrangements in, 32 encouragement of water salvage environmental impact assessment in, 87, 99 ground water law in, 220 overview of water situation in, 213-214 public interest requirements in, 80 salvaged water transfers in, 33 transfer activity in, 221-225 transfer process in, 230-231 use of public trust doctrine, 101 water allocation in, 236-237 water banks in, 32, 73 water institutions in, 218-221 water rights sales in, 29-30 California Aqueduct, 217 California Development Company, 236, 238 California Environmental Quality Act, 87 Canal lining, 242, 246 Carson River, 121, 123-125 Case studies. See individual states; Water transfer evaluation Central Arizona case study, 6, 6263, 114. Read the entire page →
From page 289... ... , 143-145, 148-149, 160 Colorado Canal Company, 150 Colorado Front Range-Arkansas River Valley case study, 6, 62, 114 Arkansas River Basin project in, 144-145 background information for, 137139 Colorado-Big Thompson project and Windy Gap project in, 143-144 conclusions regarding transfers in, 157-159 conclusions regarding water resource planning and management in, 159-160 current transfers and marketing in, 147-151 environmental impacts in, 155157 future transbasin diversions discussed in, 151-153 infrastructural differences between projects in, 145-146 institutional and legal considerations involved in, 146-147 setting of, 139-143 socioeconomic impacts in, 154-155 Colorado Front Range (CFR) Read the entire page →
From page 290... ... See also Central Arizona Project (CAP) water rights to, 19, 238 Colorado River Compact, 60, 142143, 238 Columbia River, 19, 92, 182, 184, 192, 204-205 Committee conclusions and recommendations on area-of-origin impacts, 10-11, 257-259 on cost of transfers, 10, 251-252, 256-257 on environmental impacts, 11-12, 258, 260-261, 264 on federal project water transfers, 13-14, 266-267 on public interest considerations, 11, 259-260 on state and tribal authority, 9, 254-255 on third party interests, 4-5, 8, 255-257 on transfers on Indian communities, 12, 262-263 on unique Indian and Hispanic interests, 12, 261-262 on water conservation and salvage, 12-13, 263-265 on water quality-water quantity and surface-ground water issues, 13, 265-266 INDEX on water transfer opportunities, 2, 4, 6-9, 252-254 Committee on Western Water Management, 35-36 Comprehensive planning, 72, 99 Congress, U.S. Read the entire page →
From page 291... ... See Instream flows elements involved in, 56 felt by third parties, 39,258 of retiring irrigated farmland, 4849 state legislation dealing with, 44, 87 of surface and ground water transfers, 204-209 Environmental interests increases in, 24,249 purchase of water by, 27,65 Environmental legislation committee conclusions and recommendations regarding, 11-12,258,260-261,264 federal, 91-92 restrictive nature of, 44 / 291 state, 84-87 Environmental Protection Agency (EPA) standards for effluents, 209 and Two Forks Project, 91, 153 veto power of, 91 Estes Park, 149 Ethnic communities effect of transfers on, 51, 110 legal protections for, 51-52 Fallon Indian Reservation, 123,127 Fallon Tribe, 123,134 Federal government committee conclusions and recommendations for, 13-14, 266-267 reserved rights and, 92-96 role in environmental protection, 260-261 role in water transfers, 35 Federal legislation dealing with environmental issues, 44,91-92,119-120 dealing with Indian water rights, 92-96 dealing with water quality, 84 reclamation, 87-91 Federal project water Congress and, 90 91 policies regarding, 13-14,266-267 Federal taxpayers, 111 Fernley wetlands, 129 Fiscal impacts of rural transfers, 46~8 Fish and Wildlife Service, U.S., 91, 133,187 Fish protection in Nevada, 123,127,130-132,134 streamflow and, 56,58 in Washington State, 188-190, 192-193 Floristan rates, 125, 126 Fort Lyons Canal Company, 60-61 Freemont, John C., 122 Frying Pan-Arkansas (Fry-Ark) Read the entire page →
From page 292... ... See also Tribal governments; various tribes committee conclusions and recommendations regarding interests of, 12, 261-263 factors regarding transfers on, 53, 262-263 historical or cultural zones for, 262 in New Mexico, 162-163, 174-176 power to influence water allocation process, 119-120 reserved rights and, 92-96 as senior water rights holders, 53 special status of, 51 third party impacts and, 12, 110, 261-262 water leasing by, 53, 263 water use and allocation systems of, 261 Instream flows instream flow appropriations held by state agencies in, 20 public interest considerations in, 80, 260 benefits of, 59-60 in California, 229 in Colorado, 155-157 legislation protecting, 80-82, 156, 177 Read the entire page →
From page 293... ... (Utah) , 66-67 Interstate transfers committee conclusions regarding, 19, 254 intrastate vs., 19 Intrastate transfers, 19 Investment, water as, 27-29 Irrigated agriculture amount of water used for, 3, 24 demand and availability of water for, 34, 50, 249 early use of, 21-23 economic and fiscal impact of transfers out of, 45-48 environmental impact of transfers out of, 48-49 impact of transfers out of, 39 Lahontan Valley wetlands and, 120 legislation regarding transfers out of, 250 nature of transfers out of, 44, 46 Irrigation, flood, 236 Irrigation colonies, 22 Irrigation districts, 96, 97 Jemez Reservoir, 165 Jicarilla Apache Reservation, 175 Kern County Water Agency, 225228 Kern Water Bank, 245 Kesterson National Wildlife Refuge, 60 Kesterson Reservoir, 229 293 Tea Hacienda, Inc., 245 La Paz County, Arizona, 46-47, 208 Lahontan Valley wetlands, 120, 121, 130-131 Lake Tahoe, 124-125 Lake Tahoe Dam, 125 Land and Water Conservation Fund Act, 12, 261 Land use legislation, 86 Legislation. Read the entire page →
From page 294... ... case study amount of transfers in, 40 instream flow appropriations held by state agencies in, 20 no-water-metering policy of, 128 public interest requirements in, 79 New Mexico. See also Northern New Mexico case study allocation traditions in, 162-163 amount of transfers in, 40 application approval rate in, 44 applications filed in, 40 average PITCs incurred in, 43 effect of modern water law on minority communities in, 51 public interest requirements in, 79-80 restrictions on new ground water pumping in, 25 transfer policies in, 79, 256 types of transfers in, 168-171 water rights prices in, 29,169 New Mexico v. Read the entire page →
From page 295... ... , 106, 107 "Principles Governing Voluntary Water Transactions That Involve or Affect Facilities Owned or Operated by the Department of the Interior" (DOI) , 89 Prior appropriation doctrine application of, 22-23, 251 background of, 70-71 in Colorado, 137-138, 146, 147, 260 problems with, 191 and tradition of acequias, 51, 261 in Truckee-Carson Basins, 125 Property rights, 19-20, 73, 74 Property tax base, 46, 47 Public interest review to improve water law and policy, 98-99 in New Mexico, 172, 250 past uses of, 75 role of, 72 state laws and, 11, 44, 79-80, 253 Public interests committee conclusions and recommendations regarding, 11, 259-260 expanded definition of, 178, 180 Public trust administration, 11, 260 Public trust doctrine allocation role of, 192 for environmental protection use, 207, 229 role of, 72, 101-102 295 Pueblo Indians, 163, 175, 176 Pueblo Lands Act of 1924, 176 Pyramid Lake, 117, 120-122, 126130 Pyramid Lake Paiute Tribe, 63, 122, 123, 126-130, 133 Pyramid Lake Reservation, 129-130 Reclamation Act of 1902, 88, 122, 240 Reclamation law, 13, 87-91 Reclamation policy, 35 Reclamation Reform Act of 1982, 230 Recreation effect of transfers on, 56, 57~ streamflows as benefit for, 54, 55 water demands for, 26, 249 Reid, Frank, 129 Reservations. Read the entire page →
From page 296... ... , 190 Secondary succession, 48-49 Secretary of Interior, 13-14 Seven Party Agreement of 1931, 239, 241 Sewage effluent impacts of transfers of, 209 treatment of, 129 as waste water, 128 water rights status of, 265 Sierra Pacific Power, 128, 130 Sleeper case, 172 Snake River, 64 Social impacts felt by third parties, 39, 258 of surface and ground water transfers, 204-205 of transfers out of irrigated agriculture, 47, 49 Soil conservation, 87 South Platte River Basin, 140,142,151 Southeastern Colorado Water Conservancy District (SCWCD) , 140, 144-147 Southern Colorado Water Conservancy District, 157 INDEX Stampede Reservoir, 125, 127, 128, 130-132 State engineers, 74-75 State governments authority and responsibility of, 9, 254-255, 258, 259, 262, 266 role in environmental protection, 260-261 and role of third parties in decisionmaking process, 14 tax policies of, 258, 259 water policy of, 41 water quality management by, 13 State legislation. Read the entire page →
From page 297... ... See Trans297 action costs from transfers involving federal project water, 13, 266-267 of transfers on Indian communities, 12,261-262 tribal governments' consideration of, 263 in Yakima Basin, 189-191 Third party interests need for mechanisms to accommodate, 14-15 representation of, 18,21 transaction costs to address, 252, 256 types of, 109-111 Tieton Reservoir, 183 Tohono O'odham Indian settlements, 210 Transaction costs, 3 committee conclusions and recommendations regarding, 10,251-252,256-257 discussion of, 43-44,117-118 expectations regarding, 222-223 for making applications, 40,41 policy-induced, 43,44 reasons for increased, 25 transfer benefits vs., 18-19,24 Transaction tax, 258 Transmountain diversion. See Colorado Front Range-Arkansas River Valley case study Treaty of 1855,185 Treaty of Guadalupe Hidalgo, 176 Tribal governments. Read the entire page →
From page 298... ... , 31 Urban growth impacts of, 139, 265 transfers and, 62 in Truckee Meadows area, 128130 INDEX water needs based on, 25-26 Utah amount of transfers in, 40 application approval rate in, 44 average PITCs incurred in, 43 dry year option arrangements in, 32 public interest requirements in, 79 restrictions on transfers in, 97 water rights prices in, 29 Voluntary water transfers committee view of, 249 concerns regarding, 42, 132 to instream uses, 251 involuntary vs., 39-40 in rural communities, 49 Washington State. See also Yakima Basin (Washington) Read the entire page →
From page 299... ... See also Imperial Valley (California) case study committee conclusions and recommendations regarding, 12-13, 263-265 explanation of, 32-33 state laws dealing with, 82-84, 160 Water transfer applications approval rate and approval decisionmaking time for, 40 in Colorado, 43 costs involved in making, 40, 41 Water transfer evaluation. Read the entire page →
From page 300... ... case study, 6, 115 background information for, 182184 conclusions regarding, 191-193 setting of, 184-189 third party impacts in, 189-191 voluntary transfers in, 251 Yakima Indian Nation, 184-187,190, 192 Yakima River, 182-184 Yakima River Basin Water Enhancement Project, 187,189 Yuba County Water Agency, 245 Yuma Irrigation District, 240 Yuma Project, 239 Yuma Valley, 236 Read the entire page →

From page 287...

... See Indian communities / reservations; Tribal governments 287 American Water Development, Inc., 28 Amity Canal Irrigation Company, 61 Anasazi, 21,163,175,236 Animas-La Plata Project, 178 Appropriative rights in California, 218,231 creation of system of, 70 explanation of, 219-220 Appurtenancy rules, 77-78 Area-of-origin impacts in California, 225-228,231 committee conclusions and recommendations regarding, 10-11,49-50,250-251,257-259 in rural communities, 46,49-50 Area-of-origin interests in Colorado, 158 representation of, 258 state laws and, 78-79 Area-of-origin protection in Arizona, 208-209 in California, 78,115 in Colorado, 143 components of, 259 discussion of, 115-116 Arizona. See also Central Arizona case study

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From page 288...

... case study area-of-origin protection law in, 78, 115 dry year option arrangements in, 32 encouragement of water salvage environmental impact assessment in, 87, 99 ground water law in, 220 overview of water situation in, 213-214 public interest requirements in, 80 salvaged water transfers in, 33 transfer activity in, 221-225 transfer process in, 230-231 use of public trust doctrine, 101 water allocation in, 236-237 water banks in, 32, 73 water institutions in, 218-221 water rights sales in, 29-30 California Aqueduct, 217 California Development Company, 236, 238 California Environmental Quality Act, 87 Canal lining, 242, 246 Carson River, 121, 123-125 Case studies. See individual states; Water transfer evaluation Central Arizona case study, 6, 6263, 114.

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From page 289...

... , 143-145, 148-149, 160 Colorado Canal Company, 150 Colorado Front Range-Arkansas River Valley case study, 6, 62, 114 Arkansas River Basin project in, 144-145 background information for, 137139 Colorado-Big Thompson project and Windy Gap project in, 143-144 conclusions regarding transfers in, 157-159 conclusions regarding water resource planning and management in, 159-160 current transfers and marketing in, 147-151 environmental impacts in, 155157 future transbasin diversions discussed in, 151-153 infrastructural differences between projects in, 145-146 institutional and legal considerations involved in, 146-147 setting of, 139-143 socioeconomic impacts in, 154-155 Colorado Front Range (CFR)

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From page 290...

... See also Central Arizona Project (CAP) water rights to, 19, 238 Colorado River Compact, 60, 142143, 238 Columbia River, 19, 92, 182, 184, 192, 204-205 Committee conclusions and recommendations on area-of-origin impacts, 10-11, 257-259 on cost of transfers, 10, 251-252, 256-257 on environmental impacts, 11-12, 258, 260-261, 264 on federal project water transfers, 13-14, 266-267 on public interest considerations, 11, 259-260 on state and tribal authority, 9, 254-255 on third party interests, 4-5, 8, 255-257 on transfers on Indian communities, 12, 262-263 on unique Indian and Hispanic interests, 12, 261-262 on water conservation and salvage, 12-13, 263-265 on water quality-water quantity and surface-ground water issues, 13, 265-266 INDEX on water transfer opportunities, 2, 4, 6-9, 252-254 Committee on Western Water Management, 35-36 Comprehensive planning, 72, 99 Congress, U.S.

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From page 291...

... See Instream flows elements involved in, 56 felt by third parties, 39,258 of retiring irrigated farmland, 4849 state legislation dealing with, 44, 87 of surface and ground water transfers, 204-209 Environmental interests increases in, 24,249 purchase of water by, 27,65 Environmental legislation committee conclusions and recommendations regarding, 11-12,258,260-261,264 federal, 91-92 restrictive nature of, 44 / 291 state, 84-87 Environmental Protection Agency (EPA) standards for effluents, 209 and Two Forks Project, 91, 153 veto power of, 91 Estes Park, 149 Ethnic communities effect of transfers on, 51, 110 legal protections for, 51-52 Fallon Indian Reservation, 123,127 Fallon Tribe, 123,134 Federal government committee conclusions and recommendations for, 13-14, 266-267 reserved rights and, 92-96 role in environmental protection, 260-261 role in water transfers, 35 Federal legislation dealing with environmental issues, 44,91-92,119-120 dealing with Indian water rights, 92-96 dealing with water quality, 84 reclamation, 87-91 Federal project water Congress and, 90 91 policies regarding, 13-14,266-267 Federal taxpayers, 111 Fernley wetlands, 129 Fiscal impacts of rural transfers, 46~8 Fish and Wildlife Service, U.S., 91, 133,187 Fish protection in Nevada, 123,127,130-132,134 streamflow and, 56,58 in Washington State, 188-190, 192-193 Floristan rates, 125, 126 Fort Lyons Canal Company, 60-61 Freemont, John C., 122 Frying Pan-Arkansas (Fry-Ark)

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From page 292...

... See also Tribal governments; various tribes committee conclusions and recommendations regarding interests of, 12, 261-263 factors regarding transfers on, 53, 262-263 historical or cultural zones for, 262 in New Mexico, 162-163, 174-176 power to influence water allocation process, 119-120 reserved rights and, 92-96 as senior water rights holders, 53 special status of, 51 third party impacts and, 12, 110, 261-262 water leasing by, 53, 263 water use and allocation systems of, 261 Instream flows instream flow appropriations held by state agencies in, 20 public interest considerations in, 80, 260 benefits of, 59-60 in California, 229 in Colorado, 155-157 legislation protecting, 80-82, 156, 177

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From page 293...

... (Utah) , 66-67 Interstate transfers committee conclusions regarding, 19, 254 intrastate vs., 19 Intrastate transfers, 19 Investment, water as, 27-29 Irrigated agriculture amount of water used for, 3, 24 demand and availability of water for, 34, 50, 249 early use of, 21-23 economic and fiscal impact of transfers out of, 45-48 environmental impact of transfers out of, 48-49 impact of transfers out of, 39 Lahontan Valley wetlands and, 120 legislation regarding transfers out of, 250 nature of transfers out of, 44, 46 Irrigation, flood, 236 Irrigation colonies, 22 Irrigation districts, 96, 97 Jemez Reservoir, 165 Jicarilla Apache Reservation, 175 Kern County Water Agency, 225228 Kern Water Bank, 245 Kesterson National Wildlife Refuge, 60 Kesterson Reservoir, 229 293 Tea Hacienda, Inc., 245 La Paz County, Arizona, 46-47, 208 Lahontan Valley wetlands, 120, 121, 130-131 Lake Tahoe, 124-125 Lake Tahoe Dam, 125 Land and Water Conservation Fund Act, 12, 261 Land use legislation, 86 Legislation.

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From page 294...

... case study amount of transfers in, 40 instream flow appropriations held by state agencies in, 20 no-water-metering policy of, 128 public interest requirements in, 79 New Mexico. See also Northern New Mexico case study allocation traditions in, 162-163 amount of transfers in, 40 application approval rate in, 44 applications filed in, 40 average PITCs incurred in, 43 effect of modern water law on minority communities in, 51 public interest requirements in, 79-80 restrictions on new ground water pumping in, 25 transfer policies in, 79, 256 types of transfers in, 168-171 water rights prices in, 29,169 New Mexico v.

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From page 295...

... , 106, 107 "Principles Governing Voluntary Water Transactions That Involve or Affect Facilities Owned or Operated by the Department of the Interior" (DOI) , 89 Prior appropriation doctrine application of, 22-23, 251 background of, 70-71 in Colorado, 137-138, 146, 147, 260 problems with, 191 and tradition of acequias, 51, 261 in Truckee-Carson Basins, 125 Property rights, 19-20, 73, 74 Property tax base, 46, 47 Public interest review to improve water law and policy, 98-99 in New Mexico, 172, 250 past uses of, 75 role of, 72 state laws and, 11, 44, 79-80, 253 Public interests committee conclusions and recommendations regarding, 11, 259-260 expanded definition of, 178, 180 Public trust administration, 11, 260 Public trust doctrine allocation role of, 192 for environmental protection use, 207, 229 role of, 72, 101-102 295 Pueblo Indians, 163, 175, 176 Pueblo Lands Act of 1924, 176 Pyramid Lake, 117, 120-122, 126130 Pyramid Lake Paiute Tribe, 63, 122, 123, 126-130, 133 Pyramid Lake Reservation, 129-130 Reclamation Act of 1902, 88, 122, 240 Reclamation law, 13, 87-91 Reclamation policy, 35 Reclamation Reform Act of 1982, 230 Recreation effect of transfers on, 56, 57~ streamflows as benefit for, 54, 55 water demands for, 26, 249 Reid, Frank, 129 Reservations.

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From page 296...

... , 190 Secondary succession, 48-49 Secretary of Interior, 13-14 Seven Party Agreement of 1931, 239, 241 Sewage effluent impacts of transfers of, 209 treatment of, 129 as waste water, 128 water rights status of, 265 Sierra Pacific Power, 128, 130 Sleeper case, 172 Snake River, 64 Social impacts felt by third parties, 39, 258 of surface and ground water transfers, 204-205 of transfers out of irrigated agriculture, 47, 49 Soil conservation, 87 South Platte River Basin, 140,142,151 Southeastern Colorado Water Conservancy District (SCWCD) , 140, 144-147 Southern Colorado Water Conservancy District, 157 INDEX Stampede Reservoir, 125, 127, 128, 130-132 State engineers, 74-75 State governments authority and responsibility of, 9, 254-255, 258, 259, 262, 266 role in environmental protection, 260-261 and role of third parties in decisionmaking process, 14 tax policies of, 258, 259 water policy of, 41 water quality management by, 13 State legislation.

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From page 297...

... See Trans297 action costs from transfers involving federal project water, 13, 266-267 of transfers on Indian communities, 12,261-262 tribal governments' consideration of, 263 in Yakima Basin, 189-191 Third party interests need for mechanisms to accommodate, 14-15 representation of, 18,21 transaction costs to address, 252, 256 types of, 109-111 Tieton Reservoir, 183 Tohono O'odham Indian settlements, 210 Transaction costs, 3 committee conclusions and recommendations regarding, 10,251-252,256-257 discussion of, 43-44,117-118 expectations regarding, 222-223 for making applications, 40,41 policy-induced, 43,44 reasons for increased, 25 transfer benefits vs., 18-19,24 Transaction tax, 258 Transmountain diversion. See Colorado Front Range-Arkansas River Valley case study Treaty of 1855,185 Treaty of Guadalupe Hidalgo, 176 Tribal governments.

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From page 298...

... , 31 Urban growth impacts of, 139, 265 transfers and, 62 in Truckee Meadows area, 128130 INDEX water needs based on, 25-26 Utah amount of transfers in, 40 application approval rate in, 44 average PITCs incurred in, 43 dry year option arrangements in, 32 public interest requirements in, 79 restrictions on transfers in, 97 water rights prices in, 29 Voluntary water transfers committee view of, 249 concerns regarding, 42, 132 to instream uses, 251 involuntary vs., 39-40 in rural communities, 49 Washington State. See also Yakima Basin (Washington)

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From page 299...

... See also Imperial Valley (California) case study committee conclusions and recommendations regarding, 12-13, 263-265 explanation of, 32-33 state laws dealing with, 82-84, 160 Water transfer applications approval rate and approval decisionmaking time for, 40 in Colorado, 43 costs involved in making, 40, 41 Water transfer evaluation.

Read the entire page →

From page 300...

... case study, 6, 115 background information for, 182184 conclusions regarding, 191-193 setting of, 184-189 third party impacts in, 189-191 voluntary transfers in, 251 Yakima Indian Nation, 184-187,190, 192 Yakima River, 182-184 Yakima River Basin Water Enhancement Project, 187,189 Yuba County Water Agency, 245 Yuma Irrigation District, 240 Yuma Project, 239 Yuma Valley, 236

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Index Pages 287-300

Index
Pages 287-300