1. CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010

2. Water Rights Ramifications of Water Reuse CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado By Steven O. Sims Brownstein Hyatt Farber Schreck Introduction Municipal water providers treat thousands of acre feet of sewage and discharge the treated effluent to streams, oceans and aquifers. The fastest growing “new” water source for our growing cities is reused and reclaimed water. While numerous speakers today will explain how cities have found technical solutions to water reuse, an equally important consideration is the legal entitlement to reuse treated effluent.

4. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Two Major Types of Regulatory Systems Governing the Reuse of Municipal Effluent Return flow may not be reused if subsequent use injures other water users Return flows treated a waste product that can be disposed of in the reasonable discretion of the generator Although there are two main approaches, most systems contain elements of each

5. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado State Regulation of Reuse Some states regulate through water quality regulations Some states regulate through water quantity regulations Many have adopted special rules for effluent

6. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Common themes in regulatory systems Status of the source water Right to dispose of effluent Dominion and Control Right to compel continued discharge

7. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Status of the First Use Water is important Surface Water Groundwater Developed water Native water

8. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Who has the right to dispose of the reused water Right to use and dispose distinguished Public ownership Right of the appropriator Downstream water user Sewer Treatment plant operator

9. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Dominion and Control Diversion after release to the stream Vested Rights of other appropriators on the stream Release to aquifer versus stream

10. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Right to compel continued discharge Abandonment Right to change practices

11. CWAG 2010 CONFERENCE The Broadmoor, Colorado Springs, Colorado Summary Each state has some rules for effluent reuse Most rules developed from the general rules concerning use of non-sewered return flow States most dependent on reuse have the most extensive rules

13. CWAG 2010 WATER LAW CONFERENCE The Broadmoor Colorado Springs, Colorado April 29 – 30, 2010