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WSP11733
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Last modified
1/26/2010 3:18:41 PM
Creation date
10/12/2006 5:08:28 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407
Description
Platte River Basin - River Basin General Publications
State
CO
Basin
South Platte
Water Division
1
Date
1/1/3000
Author
Velehradsky - Turner
Title
Water Reuse in the South Platte River Basin
Water Supply Pro - Doc Type
Report/Study
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<br />the rights of other appropriators are not ignored. When r'educed to possession, <br /> <br />as when diverted into a ditch or reservoir, water takes on the character of <br /> <br />personal property. The onlylilllitation on the property right in water is <br /> <br /> <br />that an appropriator acquires the right to only that quantity of water he <br /> <br />puts to beneficial use. <br /> <br />Colorado, like most appropriation states, recognizes a hierarchy of right <br /> <br />to use of water. The hierarchy in Colorado is established by the <br /> <br /> <br />Constitution as dOlllestic, agricultural, and industrial. Courts have held <br /> <br />that the preferred user has the right to condemn for a superior use upon the <br /> <br />payment of Just compensation (10). <br />1969 CONSIDERATIONS <br /> <br />, <br />In 1969, the Colorado Legislature passed the Water Right Determination <br /> <br /> <br />and Administration Act. The 1969 Act ad<<l-ed some element of adlIlinistrati ve <br /> <br />law to determinations of water rights. Most water IIIlltters may now be heard <br /> <br />initially by referees who are appointed by water JUdges. In addition, the <br />state is divided into water divisions with the Division Engineer making water <br />rights determinations. MaJor changes in water law introduced by the 1969 <br />Act follow: <br /> <br />"All waters originating in or flowing into the state, whether found <br />on the surface or unilerground have always been. and are hereby <br /> <br />declared to be the property of the public... subJect t,o appropri- <br /> <br />at ion and use in accordance with law , . ." (11) <br />It is the policy of the state to integrate the appropriation, use, and <br /> <br />administration of underground water tributary to a stream with the use of <br /> <br /> <br />surface water so as to maximize the beneficial use of' oa1l the waters of the <br /> <br />stat. . <br /> <br />8 <br />
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