Appropriation and water rights issues in the high plains Ogallala region

This research assesses the effectiveness of groundwater doctrine in eastern Colorado and western Kansas within the context of 330 irrigators' preferences for perceived changes in groundwater appropriations and variances in existing rules to best achieve the public interest. A survey of irrigators in six groundwater management districts reveals that attitudes conflict with several aspects of current appropriation doctrine. There is significant support for broad-based, uniform reductions in appropriations when groundwater becomes scarce rather than the “first in time, first in right” requirement in the prior appropriation doctrine. Many irrigators believe that past water-use efficiency should be a criteria factored into appropriation reduction polices. Most oppose the “use it or lose it” concept that requires specified levels of beneficial use to protect a water right, and irrigators oppose special exemptions to permit new wells to benefit the public interest in fully appropriated areas. Importantly, if irrigators' preferences were codified in the groundwater appropriations doctrines, more groundwater could be conserved.