Water Colorado is Your Guide to Colorado Water Rights

 

Overview of Colorado Water Rights Laws

The first rules of water usage in Colorado came with the 1859 gold rush. Any miner who was the first to divert water for use had the right to continue to use that water over any miner who arrived later. The next miner had the right to divert water for use over anyone arriving later, but had to defer to anyone who had been there first. This system of water use eventually became the Doctrine of Prior Appropriation, or the first-in-time, first-in-right doctrine, and was written into the Colorado Constitution. Its main points are:

 

  • To obtain a water right, the water must be put to a beneficial use

  • The preference of water uses, in order, are: domestic, agricultural, and industrial

  • Water rights may be bought, sold, inherited, moved from one place to another, or changed from one type of use to another, as long as the change does not interfere with other water rights.

 

The water rights laws in Colorado were written using four basic principles:

 

  1. All surface and ground water in Colorado is a public resource for the beneficial use by public agencies and private persons;

  2. A water right is a right to use a portion of the public's water resources;

  3. Water rights owners may build facilities on the lands of others to divert, extract, or move water from a stream or aquifer to its place of use; and

  4. Water rights owners may use streams and aquifers to transport and store water.

 

Under these principals, water is distinguished between natural stream water, which includes surface water and tributary ground water, and deep ground water, which includes designated ground water, nontributary ground water, and Denver Basin ground water.

 

Colorado's prior appropriation system, a legal procedure that enables water users to obtain a court decree for their water rights, is mandated by Colorado's Constitution. It is the “priority doctrine” which regulates the use of surface and tributary ground water and determines which water users have priority – as in the example with the miners.

 

Under this system, those with senior water rights, meaning those who have had official rights the longest, are the last to be cut off from their water supply during water shortages, even when the water held by someone with junior, or more recently obtained water rights may have a more beneficial use for the water.

 

Colorado water laws do not distinguish between beneficial uses except for general categories, such as agricultural and domestic uses, which goes back to first-in-time, first-in-right. To secure a water right, you must first appropriate the water. Appropriation occurs when a public agency, private person, or business puts unappropriated – basically, unclaimed – water to a beneficial use, such as for domestic use, for irrigation, for generating hydroelectric power, for recreation, and others allowed by law. Only previously unappropriated surface or tributary ground water can be appropriated.

 

In addition, the appropriator must not only put the water to beneficial use, but must also have a feasible plan to divert the water so it is under their control and able to be applied to the proposed beneficial use. Under the priority doctrine, a person can obtain direct flow rights to take water directly from a stream to its place of use or for storage in a reservoir for later use.

 

Finally, the appropriator must also demonstrate that the water right being applied for will not cause injury to existing water rights holders.

 

The process of court approval for appropriation is called adjudication. It sets the priority date of the water right, its source of supply, amount, point of diversion, and type and place of use. This information helps to provide an orderly system for state officials to distribute water according to decreed water right priority dates.

 

An Important Development in Colorado Water Rights Laws

 

One of the most important developments in the administration of Colorado water rights was the 1969 Colorado Ground Water Management Act, known as the 1969 Act, which was passed to address court approval of water exchanges, changes of water rights, and augmentation plans. The 1969 Act allowed new uses of over-appropriated steams and aquifers, such as for municipal, environmental, and recreational uses.

 

The primary purpose of the Act was to integrate the appropriation, use, and administration of tributary ground water with the use of surface water to maximize the beneficial use of all water in Colorado by protecting senior water rights and achieving maximum water utilization. The 1969 Act established water divisions, Division Engineers to be appointed by the State Engineer, Water Judges, Water Referees, Water Court, and Water Clerks.

 

The information provided on this website is not intended to provide legal advice. Colorado water law is always changing and is constantly revised as new technology and uses are created. For specific questions on legal issues and rights you should contact an attorney who specializes in water law.

 

Sample Colorado Water Uses

 

Where does Colorado water go? Here are some examples:

 

  • One corn plant requires 54 gallons of water per season.

  • One milk cow requires 5,475 gallons of water per year.

  • One horse requires 3,650 gallons of water per year.

  • One hog requires 1,500 gallons of water per year.

  • One acre of sugar beets requires 651,702 gallons of water per season

  • One acre of alfalfa requires 488,776 gallons of water per season.

  • One human who lives in an urban environment needs about 54,750 gallons of water per year (this includes average city uses such as industrial, commercial, fire protection, etc.).

  • One human who lives in a rural environment needs about 12,000 gallons of water per year.

 

Water Measurements

 

What do some commonly used water measurements mean?

 

  • One CFS = one cubic foot of water flowing every second

  • One CFS of flow = 448.8 gallons a minute.

  • One CFS for one hour = one acre Inch (the amount required to cover an acre of land with an inch of water)

  • One CFS for 12 hours = one (.991) acre foot (the amount required to cover an acre of land with one foot of water)

  • One CFS for 24 hours = two (1.983) acre feet

  • An irrigation = six inches (generally) of water on each acre. This will usually penetrate 4-6" deep.

  • One CFS = 38.4 miner’s inches (the amount of water that will flow through a hole of a given size at a given pressure) in Colorado. In other western states, one CFS equals 40-50 miner’s Inches.

  • One acre foot of water = 325,851 gallons

  • One acre foot of water = 43,560 cubic feet

  • One cubic foot of water = 7.48 gallons

 

 

 

 

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