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<br />which is about 50,000 acre-feet (62 oX l06 x m3) per year. About l20,OOO acre- <br />feet (148 x 106 x m3) of additional irrigation water could be utilized in <br /> <br />Colorado; hOwever, the total dissolved solids cont"nt of this water is high <br /> <br />due partially to the adverse effects of irrigation return flows. <br /> <br />COLORADO WATER LAW <br /> <br />HISTORY <br /> <br />The State of Colorado adheres to the doctrine of prior appropriation in <br /> <br />water law. This doctrine was in effect prior to the adoption of the State's <br /> <br />Constitution in 1876. The key elemertts of this doctrine are: <br />All waters of natural streams lU'e property of the public and dedicated <br />to the use of the people, subJect to appropriation; (in Colorado, a water <br /> <br />right has status similar to a property right.)o <br /> <br /> <br />An appropriation is the right to divert the unclaimed waters of <br /> <br />natural streams, and the right to do so is never to be denied; <br />, In allocating waters to riVal appropriators, priority in time gives <br />the better right; and <br /> <br />Domestic users are to be preferred over agricultural users, and <br />agricultural users are preferred over manufacturing users (9). <br />In Colorado, a water right is acquired by performing the physical acts <br />which constitute the appropriation. TheOact of diverting water to a benefi- <br /> <br />cial use would be considered the physiCal act required to acquire a water <br />right by appropriation. The origin of the prior appropriation system of <br /> <br />water law is based on the scarcity of water in the western states, the belief <br /> <br />that natural resources should be placed in private hands to foster growth <br /> <br />and developnent, and the desire to allocate the scarce resources amongst the <br /> <br />builders of the state. This system was developed to deal with problems and <br /> <br /> <br />conditions quite different from those that dominate the present system. <br /> <br />6 <br />