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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but also that ground water and other surface water which either supports
or would eventually join the stream flow.

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a. Creation and Adjudication of Water Rights.

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Rights to use tributary water are obtained under a pure prior
appropriation doctrine. One may obtain such a right merely by diverting
or storing the water and applying it to some beneficial use.* That
right may be enforced, however, only if it is the subject of a judic:ial
decree.

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Since 1969, decrees have been obtained from the water courts in
a process known as "adjudication."1~* There are seven water courts, each
of which has as its jurisdiction one water division, the boundaries of
which follow the watershed of a major drainage system. Sinc:e 1969,
adjudication has generally been as follows: An application is filed
with the water clerk; it is referred to the water referee, and it is
published in a resume; those wishing to oppose the application have
2 months in which to file a "statement of opposition"; after the period
for opposition has ended, the referee may either rerefer the applica-
tion to the water judge within. 1 month or, after an informal investiga-
tion, may issue a ruling; anyone opposed to the ruling then has 20 days
within which to file a protest; once an application has been rereferred
or protested, the water judge then conducts a trial de novo, resulting
in a decree; if there has been no rereferral or protest. the water judge
usually then approves the referee's ruling and makes it, a decree of the
court.

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A decree does three things: confirms the existence of the right,
assigns it a priority, and acts as the warrant for the office of the
state engineer to protect the water right. in his enforcement of what
has come to be known as the priority system.

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*Construction permits for wells must be obtained from the state
engineer. While .the permits do not grant any right to use water, they
will be issued only if there is unappropriated water available and if
the proposed withdrawal will not injure. vested water rights.

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**Prior to mid-1969, decrees were obtained from the:various dis-
trict courts which held adjudications for each of approximately 70
water districts.

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