Colorado (USA) Water Rights: Ideas for China

摘要

This paper provides a brief overview of Colorado's prior appropriation system for allocating surface water and groundwater. The State of Colorado in the United States is utilized as one of the leading examples of the prior appropriation system. This means of allocating water among competing municipal, industrial, agricultural, recreational, and other interests has many advantages, particularly in water-short areas such as the arid to semi-arid states in the western United States. The core of the prior appropriation system is the phrase "first in time/first in right." In other words, the more senior the water right (i.e., the earlier that water was diverted and beneficially used), the more valuable the water right, and the higher the level of assurance that the water right will be able to divert during times of shortage. When stream flows are limited or when groundwater supplies are low, only those entities that have senior water rights will be entitled to beneficially use the available surface water and groundwater. Basic elements of the prior appropriation system are reviewed and wide-ranging beneficial uses are discussed. In Colorado, there is a separate judicial system established to manage water rights, and the nature of this system is presented. The administration of water rights in Colorado is provided by the Colorado State Engineer's Office (Colorado Division of Water Resources). However, there are other state agencies that at least indirectly influence water rights administration including the Colorado Water Conservation Board, local and regional water management agencies and the Colorado Water Quality Control Commission and Division. This paper identifies many of the critical issues related to water rights in China and provides examples from Colorado for addressing issues including the administration of water rights, water rights transfers, water quality and equitable allocation of water between headwaters basins and downstream users.