Colorado Water Law Basics
Colorado water law is based on the prior appropriation system, which means that the first person to put water to beneficial use has the first right to that water. This system is often referred to as "first in time, first in right."
To establish a water right in Colorado, an entity must divert the water and apply it to beneficial use. Beneficial use can include a variety of activities, such as irrigation, municipal water supply, industrial use, and recreation.
Once a water right is established, it is a property right that can be bought, sold, or leased. Water rights can also be lost through abandonment, which occurs if the water is not put to beneficial use for a period of ten years.
The Colorado Water Conservation Board (CWCB) is the state agency responsible for administering water rights in Colorado. The CWCB maintains a database of all water rights in the state, and it also issues new water rights and adjudicates water disputes.
The prior appropriation system is a complex system of water law, but it is essential for managing water resources in Colorado. The system ensures that water is allocated to those who need it most, and it also provides a framework for resolving water disputes.
Here are some additional details about Colorado water law:
Water rights are classified as either surface water rights or groundwater rights. Surface water rights are rights to water that flows in streams, rivers, and lakes. Groundwater rights are rights to water that is stored in aquifers.
Water rights can be either absolute or conditional. Absolute water rights are rights that are not subject to any restrictions. Conditional water rights are rights that are subject to certain conditions, such as the amount of water that can be used or the type of use that is allowed.
The amount of water that is allocated to a water right is called the "priority." The priority of a water right is determined by the date on which the water right was first put to beneficial use.
Water rights can be transferred between different owners. However, the transfer of a water right is subject to the approval of the CWCB.
