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Delphus E. Carpenter (1877–1951) was Colorado’s commissioner of interstate streams during a time when water rights were a legal battleground for western states. A complex, unassuming man as rare and cunning in politics and law as the elusive silver fox of the Rocky Mountain West, Carpenter boldly relied on negotiation instead of endless litigation to forge agreements among states first, before federal intervention. In Silver Fox of the Rockies, Daniel Tyler tells Carpenter’s story and that of the great interstate water compacts he helped create. Those compacts, produced in the early twentieth century, have guided not only agricultural use but urban growth and development throughout much of the American West to this day. In Carpenter’s time, most western states relied on the doctrine of prior appropriation--first in time, first in right--which granted exclusive use of resources to those who claimed them first, regardless of common needs. Carpenter feared that population growth and rapid agricultural development in states sharing the same river basins would rob Colorado of its right to a fair share of water. To avoid that eventuality, Carpenter invoked the compact clause of the U.S. Constitution, a clause previously used to settle boundary disputes, and applied it to interstate water rights. The result was a mechanism by which complex issues involving interstate water rights could be settled through negotiation without litigating them before the U.S. Supreme Court. Carpenter believed in the preservation of states rights in order to preserve the constitutionally mandated balance between state and federal authority. Today, water remains critically important to the American West, and the great interstate water compacts Carpenter helped engineer constitute his most enduring legacy. Of particular significance is the Colorado River Compact of 1922, without which Hoover Dam could never have been built.
Why do people fight about water rights? Who decides how much water can be used by a city or irrigator? Does the federal government get involved in state water issues? Why is water in Colorado so controversial? These questions, and others like them, are addressed in Colorado Water Law for Non-Lawyers. This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era of the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado's present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests - including the drought of the past decade and the competing interests for scarce water resources - and predict how it will stand up to new demands in the future. This book will appeal to non-lawyers involved in water quality issues, students, and attorneys and water professionals desiring a succinct and readable summary of Colorado water law, as well as general readers interested in Colorado's complex water rights law.
The diversion of water from Colorado’s Western Slope to meet the needs of the rest of the state has been a contentious issue throughout Colorado’s history. The source of Colorado’s water is in the snow that accumulates west of the Continental Divide, but the ever-growing population on the Front Range continues to require more municipal water. In As Precious as Blood, Steven C. Schulte examines the water wars between these two regions and how the western part of the state fits into Colorado’s overall water story, expanding the account of water politics he began in Wayne Aspinall and the Shaping of the American West. Slow to build its necessary water infrastructure and suffering from a small population, little political power, and distance from sources of capital, the Western Slope of Colorado has struggled to maintain its water supply in the face of challenges from the Eastern Slope as well as from surrounding states. Schulte explains in detail the reasons, rationalizations, and resources involved in the multimillion-dollar dams and reclamation projects that divert much-needed water to the Front Range and elsewhere. He draws from archives, newspapers, and oral histories to show the interrelationships among twentieth-century Colorado water law, legislators from across the state, and powerful members of congress from the Western Slope, who have influenced water policy throughout the American West. As Precious as Blood provides context for one of the most contentious legal, political, and economic periods in the state’s history. Schulte puts a human face on Colorado’s water wars by exploring their social and political dimensions alongside the technical and scientific perspectives.
Signed on November 24, 1922, the Colorado River Compact is the cornerstone of a proverbial pyramid—an elaborate body of laws colloquially called the “Law of the River” that governs how human beings use water from the river system dubbed the “American Nile.” No fewer than forty million people have come to rely on the Colorado River system in modern times—a river system immersed in an unprecedented, unrelenting megadrought for more than two decades. Attempting to navigate this “new normal,” policymakers are in the midst of negotiating new management rules for the river system, a process coinciding with the compact’s centennial that must be completed by 2026. Animated by this remarkable confluence of events, Cornerstone at the Confluence leverages the centennial year to reflect on the compact and broader “Law of the River” to envision the future. It is a volume inviting dialogue about how the Colorado River system’s flows should be apportioned given climate change, what should be done about environmental issues such as ecosystem restoration and biodiversity protection, and how long-standing issues of water justice facing Native American communities should be addressed. In one form or another, all these topics touch on the concept of “equity” embedded within the compact—a concept that tees up what is perhaps the foundational question confronted by Cornerstone at the Confluence: Who should have a seat at the table of Colorado River governance?
The Encyclopedia of Politics in the American West is an A to Z reference work on the political development of one of America’s most politically distinct, not to mention its fastest growing, region. This work will cover not only the significant events and actors of Western politics, but also deal with key institutional, historical, environmental, and sociopolitical themes and concepts that are important to more fully understanding the politics of the West over the last century.
As the American Southwest faces its deepest drought in history, this book explores the provocative notion of “water bankruptcy” with a view towards emphasizing the diversity and complexity of water issues in this region. It bridges between the narratives of growth and the strategies or policies adopted to pursue competing agendas and circumvent the inevitable. A window of opportunity provided by this current long-term drought may be used to induce change by dealing with threats that derive from imbalances between growth patterns and available resources, the primary cause of scarcity. A first of its kind, this book was developed through close collaboration of a broad range of natural scientists, social scientists, and resource managers from Europe and United States. It constitutes a collective elaboration of a transdisciplinary approach to unveiling the inner workings of how water was fought for, allocated and used in the American Southwest, with a focus on Arizona. Specifically, it offers an innovative scientific perspective that produces a critical diagnostic evaluation of water management, with a particular view to identifying risks for the Tucson region that is facing continuous urban sprawl and economic growth.
Back in print for the first time in over ten years, this classic account of the numerous struggles—national, state, and local—that have occurred over western American water rights since the late 1800s is thoroughly expanded and updated to trace the continuing battles raging over the West's most valuable, and contentious, resource.
Copublished with History Colorado Colorado Day by Day is an engaging, this-day-in-history approach to the key figures and forces that have shaped Colorado from ancient times to the present. Historian Derek R. Everett presents a vignette for each day of the calendar year, exploring Colorado’s many facets through distilled tales of people, places, events, and trends. Entries incorporate tales from each of the state’s sixty-four counties and feature both well-known and obscure cultural moments, including events in Native American, African American, Asian American, Hispano, and women’s history. Allowing the reader to explore the state’s heritage as individual threads or as part of the greater tapestry, Colorado Day by Day recovers much lost history and will be an entertaining and useful source of lore for anyone who enjoys or is curious about Colorado history.
Water users of the Platte River Basin have long struggled to share this scarce commodity in the arid high plains, ultimately organizing collectively owned and managed water systems, allocating water along extensive stream systems, and integrating newer groundwater with existing surface-water uses. In 1973, the Endangered Species Act brought a new challenge: incorporating the habitat needs of four species-the whooping crane, piping plover, least tern, and pallid sturgeon-into its water-management agenda. Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program. Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.