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Using state water law for efficient water use in the West

Date

2010

Authors

Schroeder, Laura A., author
Ure, Therese A., author
U.S. Committee on Irrigation and Drainage, publisher

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Abstract

The prior appropriation doctrine, as adopted by water codes throughout the western states, creates water rights based on the time of appropriation. Under the prior appropriation system, water users must put water to beneficial use without waste, and may not sit on their rights without actually using the water they are allotted. Despite the superficial efficiency that the prior appropriation system espouses, the system is in fact highly inefficient. Water users are locked into antiquated practices without incentives to modernize their operations. The administrative process for changing water rights to more efficient uses acts as a roadblock to such action. Western states have begun evolving their water codes to provide for more opportunities in water conservation and efficiency. This paper explains the background of the prior appropriation system, analyzes how the "pure" prior appropriation system creates water use inefficiency, and explores how certain states are bringing their water codes into the 21st Century.

Description

Presented at Meeting irrigation demands in a water-challenged environment: SCADA and technology: tools to improve production: a USCID water management conference held on September 28 - October 1, 2010 in Fort Collins, Colorado.

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