Historical Information

Starting from the last half of the nineteenth century, a tremendous flow of immigration entered the West. Two developments both spurred settlement and necessitated a legal doctrine for water allocation: the discovery of gold and silver in the western mountains and the widespread use of irrigation in crop production. To work a claim on ore deposits, miners had to divert water from streams in flumes and pipes. Thus, a body of informal water law grew in the mining camps. The procedures by which gold and silver claims were established and worked were easily transferred from ore to water. The first person to file a mining claim received priority over any later claimants. To keep one’s ownership of a mining claim, one had to stake it, take possession of it, and work the claim productively.

The water law, born in the mining camps, followed the doctrine of prior appropriation. The right to use water was exclusive, absolute, and established by the act of prior diversion. Third parties often suffered from the effects of water use. One user’s return flows were another’s source of supply. Any change in the point of diversion or type of use affected appropriators (third parties) downstream. Legislators attempted to correct these third party effects by adding restrictive clauses to the doctrine such as beneficial and reasonable use requirements and regulations for compensating parties injured by transfers. These corollaries were vague, however and custom dictated the quantity of water considered reasonable.

The history of Glen Canyon Dam reveals how western states developed legal definitions and allocation rules for water rights both within their borders and how major rivers were apportioned among states. The time line below relates important events in the history of Glen Canyon. It tells the story of how the West reached the critical juncture it currently confronts. Water use in cities and industries grows each day. Simultaneously, voices argue for water conservation, ecological restoration and water reallocation. As these conflicting evocations create vibrant debates, they reveal both the complexity and uncertainty the West must deal with as it makes choices about water resources.

Basic time line:


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