PUB00148

• Year: 1978
• Title: The Colorado Water Study Directions for the Future
• CWCB Section: Administration
• Description: The Colorado Water Study Directions for the Future
• Publications - Doc Type: Historical

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I. SUMMARY OF COLORADO WATER LAW.

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A. Introduction.

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This summary is not intended to be a complete recitation of all
the finer points of Colorado water law, but is merely a brief overview
of the major components and principles of the appropriaticlO doctrinle in
Colorado. In order to insure that the summary is brief and compreh,en-
sible, statutory and case citations have been omitted.

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Colorado law affects water in two primary respects: in allocation
and distribution to users, and in regulation of water quality, the
latter being generally beyond the scope of this report. It should be
noted, however, that water allocation (or supply) and water quality are
intimately related. Particular diversions, impoundments, and uses of
water may cause significant changes in downstream water quality. While
some remedies may be available to affected downstream water right owners,
the effectiveness of water quality regulations remains to be tested.

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B. Water to be Allocated.

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Although Colorado contains the headwaters for many western rivers
(e.g., the Colorado, Platte, Arkansas, and Rio Grande), not all of the
waters of those rivers are available for allocation under Colorado law.
International treaties, interstate compacts, and the water rights claimed
by the federal government all combine to restrict the amount.of water
available for allocation under Colorado law.

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International treaties allocate the water of both the Rio Grande
and the Colorado between the United States and the Republic of Mexico.
The respective states' shares of these rivers, as well as most other
international streams, are further divided under numerous interstate
compacts. As a result, substantial quantities of water must leave the
state under treaty and compact obligations (e.g., almost:50 percent of
the Colorado River's flow), with only the remainder being availab14e
for use in Colorado.

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Furthermore, not all that water retained by Colorado may be used
pursuant to Colorado law. During the last decade, the federal govern-
ment has asserted pre-emptory claims to water based on the so-called
reservation doctrine, causing considerable uncertainty as a result of
the priorities and unknown quantities and uses for the r~served rights.
Although still the subject of unending litigation, the doctrine stands
for the proposition that the United States has a right to however much

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