Gavin Howe
Colorado's water rights laws have evolved over the years, adapting to the region's unique geography and climate. The state's first water rights laws were enacted in the 1860s, known as the Colorado Doctrine, which established the principles of water as a public resource and the concept of first in time, first in right. This system, known as the Prior Appropriation System, controls how much water can be used, when, and for what purposes. Colorado's water laws have been influenced by the state's arid climate, the need for irrigation, and the desire to protect small farmers from water monopolies. The state also integrates state and federal water rights into a unitary system, with water rights issued by water courts.
| Characteristics | Values |
|---|---|
| Year of enactment | 1861 |
| Jurisdiction | Water Courts |
| Number of Water Courts | 7 |
| Basis | Prior Appropriation System |
| Number of Principles | 4 |
| First Principle | The state’s surface and groundwater is a public resource for beneficial use by public agencies, private persons and entities |
| Second Principle | A water right is a right to use a portion of the public’s water supply |
| Third Principle | Security resides in the law’s ability to identify and protect water rights |
| Fourth Principle | Reliability is assured by the system’s capacity to administer and enforce water rights over time |
| Additional Information | Water rights can be leased, sold, changed and exchanged |
Explore related products
What You'll Learn
Colorado's first water rights law was enacted in 1861
In 1861, when Colorado became a territory, its settlement and growth depended on its citizens' and businesses' ability to obtain property rights in land and water. As a result, the first territorial legislature enacted land and water laws that took the broadest possible approach toward settlers' rights. This set of laws, known as the Colorado Doctrine, established four essential principles that distinguished it from Riparian Law, the water law framework commonly followed in wetter, humid parts of the U.S.
The Colorado Doctrine states that the state's surface and groundwater is a public resource for beneficial use by public agencies, private persons, and entities. It also established that a water right is the right to use a portion of the public's water supply. This is known as the prior appropriation system, where the first person to appropriate water and apply it to use has the first right to use that water within a particular stream system. Subsequent users may appropriate water from the same source, but never to the extent that it diminishes the amount needed by previous users. This system is often summarised as "first in time, first in right".
Colorado's constitution, General Assembly statutes, and Colorado Supreme Court case law decisions entirely reject riparian law in favour of these principles. The Colorado Constitution of 1876 ratified Colorado's complete departure from the riparian common law of England and the eastern states, where only owners of property bordering a stream may divert water. Under riparian law, a diverter must return the water to the stream essentially undiminished in quantity and unaffected in quality, as riparian landowners have an equal right to the stream's flow.
Colorado is a leader in integrating state and federal water rights into a unitary system of priority enforcement, with the state engineer, seven division engineers, and local water commissioners administering the system. Water rights applications are under the jurisdiction of the seven water courts, one in each of the seven major stream basins in Colorado. The Colorado Office of the State Engineer, established in 1881, made Colorado the first state to have a dedicated water management office and the first with public officials to administer private water use.
Creating Election Laws: Who's Responsible?
You may want to see also
Explore related products
The Colorado Doctrine
In the 1860s, Colorado adopted a set of laws regarding water use and land ownership, known as the Colorado Doctrine. This was enacted when Colorado became a territory in 1861, and its settlement and growth depended on its citizens and businesses obtaining property rights in land and water.
- The state's surface and groundwater is a public resource for beneficial use by public agencies, private persons, and entities.
- A water right is a right to use a portion of the public's water supply.
- The established right is usufructory, meaning no entity owns the stream or water in it, but they can develop a right to use the water for a beneficial purpose.
- The right to use water is dependent on its continued application to a beneficial use.
Colorado's water rights are adjudicated by water courts, with seven water courts established in the state's major watersheds, one in each of the seven major stream basins. These courts issue decrees for both federal and state water rights, and their work is supported by division engineers.
Gauss Law: The Legacy of Carl Friedrich Gauss
You may want to see also
Explore related products
Water rights applications and courts
In the 1860s, Colorado adopted a set of laws regarding water use and land ownership known as the Colorado Doctrine. This doctrine established four essential principles of the state's water law that helped distinguish it from Riparian Law, which is the water law framework commonly followed in wetter, humid portions of the U.S. where there is less concern for the reduction of overall flows. The four principles established by the Colorado Doctrine are:
- The state's surface and groundwater is a public resource for beneficial use by public agencies, private persons, and entities.
- A water right is a right to use a portion of the public's water supply.
- No entity owns the stream or water in it, but they are able to develop a right to use the water for a beneficial purpose.
- The right was dependent upon its continued application to a beneficial use.
Water rights in Colorado are unique compared to other parts of the United States. The use of water is governed by what is known as the "
In Colorado, water right applications are under the jurisdiction of the water courts. There are seven water courts, one in each of the seven major stream basins in Colorado. The water courts were established by the 1969 Water Right Determination and Administration Act, which also created explicit procedures for filing and pursuing applications and objections to applications for water rights, conditional water rights, changes of water rights, and augmentation plans.
To establish a water right, an entity must first submit an application for a water permit containing a plan specifying the amount of water to be used, the type of beneficial use, and the locations of diversion or storage. The applicant then uses the water for the approved purpose and, through the process of adjudication, obtains a Water Court-approved decree for their water right, confirming the priority date, source of supply, point of diversion/storage, amount of water, type of use, place of use, and conditions to protect against material injury to other water rights.
Division Engineers play an important role in the water rights process. They are responsible for making futile call determinations, which allow junior water rights to take water when they would otherwise be out of priority by determining that the diversion will not materially deplete downstream senior water rights. They also present a list of water rights that have been abandoned to the water court every 10 years. The water court then reviews and finalises the abandonment list, which is conclusive as to which water rights have been abandoned. Any person who wishes to protest the inclusion of a water right on the abandonment list can file a written protest with the Water Court, triggering a bifurcation from the original case.
The Roman Republic's Legislative Branch
You may want to see also
Explore related products
Acequias
In 1861, when Colorado became a territory, its legislature enacted a set of laws regarding land and water rights. This was known as the Colorado Doctrine. Water rights in Colorado are governed by the
The Acequia Recognition Law allows acequia communities to continue governing community access to water and strengthens their ability to protect their water rights. To take full advantage of the statute, acequia communities need to have a set of written bylaws that formalise existing customs and adopt the recently recognised powers.
The Acequia Project is a legal assistance program that helps acequia farmers meet with law students to formalise traditions into legally defensible bylaws. The project has resulted in thousands of hours of pro bono legal work, with students helping acequia organisations incorporate, conducting governance reviews, and helping individual irrigators understand and secure their water rights.
Colorado Open Lands has also raised over $7 million in funding for conservation easements in the San Luis Valley, with money going directly into the community and reinvested by farmers and ranchers.
Shield Laws: First Amendment Freedoms and Protections
You may want to see also
Explore related products
The Prior Appropriation System
In 1861, when Colorado became a territory, its legislature enacted laws regarding land and water rights. Water rights in Colorado are unique when compared to other parts of the United States. The use of water is governed by what is known as the "Prior Appropriation System", a system of water allocation that determines who uses how much water, the types of uses allowed, and when those waters can be used.
Bush's Ban on Human Cloning: The Law's Inception
You may want to see also
Frequently asked questions
Colorado's first water rights law was enacted in 1861 when Congress created the Colorado Territory.
The law was enacted to obtain property rights in land and water held by the United States.
The key principles of Colorado's water law are security, reliability, and flexibility in the development and protection of water resources. Security is ensured by identifying and protecting water rights, reliability by the system's capacity to administer and enforce these rights over time, and flexibility by allowing water rights to be leased, sold, changed, and exchanged.
![A History of Violence (The Criterion Collection) [4K UHD]](https://m.media-amazon.com/images/I/71lqpbUFtWL._AC_UY218_.jpg)
