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<br />use allowed, and when those waters can be used. A simplified way to explain this system <br />is often referred to as "first in time, first in right." An appropriation is made when an <br />individual or entity physically takes water is from a stream (or underground aquifer) and <br />places that water to beneficial use. The first individual or entity to appropriate water and <br />apply that water to use has the first right to use that water within a particular stream <br />system. This individual or entity (after receiving a court decree verifying their priority <br />status) then becomes the senior water right holder on the stream and that water right must <br />be satisfied before any other junior water rights are fulfilled. If a holder of a vested senior <br />water right is not exercising that water right such water is delivered to the next junior <br />appropriator. <br /> <br />Pursuant to section 37-84-107, C.R.S. (1987) the owners of ditches must prevent waste. <br />They are required to maintain their ditch in general good repair to prevent water from <br />being wasted. Also section 37-84-108, C.R.S. (1973) prevents the running of water in any <br />ditch in excess of that absolutely necessary for the purposes needed. <br /> <br />The earliest appropriation in the Arkansas River Basin is March 31, 1859. By the middle <br />1880's, the Arkansas River and its tributaries were fully appropriated for normal or <br />average years. In most areas water rights decreed later than 1887 will not provide a <br />dependable supply. However, water is generally available for these water rights during <br />snowmelt runoff and after summer rainstorms. <br /> <br />In 1994 The Colorado State Engineer promulgated, and the Division 2 Water Court <br />approved The Rules and Regulations Governing the Measurement of Tributary Ground <br />Water Diversions Located in the Arkansas River Basin. The rules require that all <br />diversions of groundwater for irrigation, municipal, or commercial use be measured. <br />Groundwater diversions may be measured, by installing a calibrated meter, by applying <br />the power consumption coefficient method, or a combination of the two. In 1995 The <br />Colorado State Engineer promulgated, and the Division 2 Water Court approved The <br />Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in <br />the Arkansas River Basin. The rules require tributary groundwater users to provide <br />sufficient replacement water to replace depletions caused by the diversion of <br />groundwater. <br /> <br />Fryingpan-Arkansas Project Operating Principles- <br /> <br />Operating Principles, as amended December 9, 1960, were adopted by the State of <br />Colorado. The signatory parties are the Colorado Water Conservation Board, <br />Southeastern Colorado Water Conservancy District, Colorado River District, and <br />Southwestern Water Conservation District. <br /> <br />The Secretary of Interior is to operate the Project in accordance with the provisions of the <br />Principles quoted in part below: <br />