A Horse Named “Stream Depletion Theory”: The History and Negotiation of the Upper Colorado River Basin Compact

58 Pages Posted: 4 Jun 2024

See all articles by Eric Kuhn

Eric Kuhn

Retired General Manager

Katherine Tara

Utton Transboundary Resource Center

John Fleck

Utton Center, University of New Mexico School of Law

Date Written: May 31, 2024

Abstract

The negotiations for the Upper Colorado River Basin Compact provide significant context for understanding the Law of the River, particularly considering ongoing Post-2026 Colorado River Operations discussions. This article examines the development of the Stream Depletion Theory, beneficial consumptive use, and Tribal water allocations with an eye towards the future implications of these frameworks. The article considers the successes of the Upper Colorado River Basin Compact while also examining the parts of the Compact that present problems in times of water stress and concludes by placing these issues in the context of the 21st Century.

Suggested Citation

Kuhn, Eric and Tara, Katherine and Fleck, John, A Horse Named “Stream Depletion Theory”: The History and Negotiation of the Upper Colorado River Basin Compact (May 31, 2024). Available at SSRN: https://ssrn.com/abstract=4850404 or http://dx.doi.org/10.2139/ssrn.4850404

Eric Kuhn (Contact Author)

Retired General Manager ( email )

201 Centennial St.
Suite 200
Glenwood Springs, CO 81601
United States

Katherine Tara

Utton Transboundary Resource Center ( email )

1117 Stanford, N.E.
Albuquerque, NM 87131
United States

John Fleck

Utton Center, University of New Mexico School of Law ( email )

1117 Stanford NE
MSC11 6070, 1 University of New Meixco
Albuquerque, NM 87131
United States

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