Water Reuse and Exchange Plans
| Publication year | 1988 |
| Pages | 1083 |
1988, June, Pg. 1083. Water Reuse and Exchange Plans
As the availability of water in areas of concentrated municipal development becomes more constrained, water suppliers are intensifying their efforts to maximize the usefulness of their existing supplies. These efforts generally are consistent with the "maximum utilization" theme stated in the 1969 Water Right Determination and Administration Act and in the developing water rights case law of the Colorado Supreme Court.(fn1) One way to achieve maximum utilization is to reuse water. Under certain conditions, Colorado law provides for direct reuse of water or reuse of water "by exchange."
Nontributary water and transmountain water imported from unconnected drainage basins can be completely consumed if the owner reuses or successively uses the return flow from prior uses.(fn2) Such water is called "foreign" water because it is new to the stream system into which it is introduced for use or by use. If foreign water is delivered for municipal use, then to the extent that the supplier quantifies the amount, timing and location of the sewer discharges and irrigation return flows remaining after use, the municipality could recapture that water, treat it and deliver it for a second municipal use. This process would constitute "reuse." The supplier also might recapture the remaining water and deliver it for a different use such as nonpotable irrigation. This process would constitute a "successive" use. Reuse and successive use are collectively referred to as "reuse." In addition to enjoying reuse and successive uses of foreign water, the owner can quantify the returning water and "dispose" of it to other users by lease or sale and thereby perpetuate reuse.(fn3)
In contrast to "foreign" reusable water, an appropriative water right generally entitles its owner to one use of water which is both diverted and used within its basin of origin. Any return flows from that use must be returned to the stream for the benefit of other appropriators.(fn4) Through the water court's determination of the historical consumptive use associated with a tributary water right, such consumptive use water can be converted to a legally reusable supply. Obtaining a decreed right to reuse tributary water, other than consumptive use water, within its basin of origin requires a definite plan for reuse.(fn5)
When water can be reused, demonstrating that return flows exist can involve complicated engineering proof and detailed accounting procedures. A prospective reuser must prove that it can retain "dominion" of the water by quantifying the amount, timing and location of the return flows in order to establish that it will be reusing its own water rather than water properly claimed by senior water rights.(fn6)
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