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Nonuse of Water Rights Equals Abandonment
Water rights that dated back to an 1899 appropriation date and that were decreed for the sole beneficial use of electric power generation were put to their decreed use for many years to operate a hydro plant owned by the Public Service Company of Colorado (PSC). In 1959, PSC permanently shut down the power plant. In February 1960, the Denver Board of Water Commissioners purchased the old power plant and its water rights from PSC. Later, the plant was dismantled. The board did not seek permission from the federal government to construct a new power plant until 24 years after the water rights were last used. Construction of a new power plant began in 1986 but at a location different from the old power plant. The water rights at issue had never been used to produce power at the new power plant. In 1986, the board filed its application for a change of water rights, seeking approval for alternative points of diversion. The application was opposed on the grounds that the board had abandoned the water rights and that the changes sought could not be granted without injuring other appropriators. After hearings, the board's request was denied.
Nonuse of Water Rights Equals Abandonment
Water rights that dated back to an 1899 appropriation date and that were decreed for the sole beneficial use of electric power generation were put to their decreed use for many years to operate a hydro plant owned by the Public Service Company of Colorado (PSC). In 1959, PSC permanently shut down the power plant. In February 1960, the Denver Board of Water Commissioners purchased the old power plant and its water rights from PSC. Later, the plant was dismantled. The board did not seek permission from the federal government to construct a new power plant until 24 years after the water rights were last used. Construction of a new power plant began in 1986 but at a location different from the old power plant. The water rights at issue had never been used to produce power at the new power plant. In 1986, the board filed its application for a change of water rights, seeking approval for alternative points of diversion. The application was opposed on the grounds that the board had abandoned the water rights and that the changes sought could not be granted without injuring other appropriators. After hearings, the board's request was denied.
Nonuse of Water Rights Equals Abandonment
Journal ‐ American Water Works Association ; 83 ; 16b-16
01.01.1991
1 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
City Loses Water Rights for Nonuse
Wiley | 1990