Exporting Colorado water in coal slurry pipelines

Journal Article · Mon Apr 01 04:00:00 EST 1985 · J. Water Resour. Plann. Manage. Div., Proc. Am. Soc. Civ. Eng.; (United States)

DOI:https://doi.org/10.1061/(ASCE)0733-9496(1985)111:2(207)· OSTI ID:6168017

Massey, D T

The San Marco Pipeline Company has proposed a 1000 mile (1610 km) pipeline system to move coal slurry from southeastern Colorado to several electrical generating plants in the Texas Gulf Coast area. This area of Colorado is experiencing severe water shortage problems due to the large amount of water used for irrigation. Colorado statutes restrict the diversion of both surface and ground water for out-of-state use unless such water is credited to interstate compacts. Water has been found by the courts to be a commodity or article of commerce, therefore subject to federal constitutional scrutiny under the commerce clause. The constitutionality of Colorado's statutes, depends upon the nature of the restrictions imposed, the severity of the burden created, and the local purposes served by the statutes. Statutes will be upheld only where they incidentally burden or discriminate against interstate commerce. States may impose severe restrictions on diverting water for out-of-state uses provide the same type of restrictions are imposed on in state use.

• OSTI ID: 6168017
• Journal Information: J. Water Resour. Plann. Manage. Div., Proc. Am. Soc. Civ. Eng.; (United States), Journal Name: J. Water Resour. Plann. Manage. Div., Proc. Am. Soc. Civ. Eng.; (United States) Vol. 2; ISSN JWRDD
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
013000 -- Coal
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& Peat-- Transport
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& Peat-- Legislation & Regulations
CARBONACEOUS MATERIALS
COAL
COLORADO
COMMODITIES
COMPETITION
DISPERSIONS
ENERGY SOURCES
FEDERAL REGION VIII
FOSSIL FUELS
FREIGHT PIPELINES
FUEL SLURRIES
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HYDROGEN COMPOUNDS
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LEGISLATION
MATERIALS
MIXTURES
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OXYGEN COMPOUNDS
PIPELINES
RESOURCE CONSERVATION
SLURRIES
SLURRY PIPELINES
STATE GOVERNMENT
SUSPENSIONS
USA
WATER
WATER SUPPLY