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Last modified
7/14/2011 11:18:42 AM
Creation date
1/18/2008 12:38:49 PM
Metadata
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Publications
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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<br /> <br />1-4 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />.. <br />I <br />I <br />I <br />I <br />I <br />I <br />I- <br />I <br />I <br />I <br />I <br />I <br /> <br />b. Types of Water Rights. <br /> <br />Within the priority system, there are four types of water rights, <br />which are not mutually exclusive: absolute, conditional, direct flow, <br />and storage--all of which must be adjudicated in order to be enforceable. <br /> <br />Conditional water rights, originally envisioned to protect large <br />water projects which would take years to complete, are the simplest to <br />establish. All one must show is the intent to appropriate water (to <br />divert or store water and to apply the water to a beneficial use), <br />together with some physical act (usually a survey) which is demonstrative <br />of that intent. Upon the coexistence of that intent and physical act, <br />a conditional water right is created and is ripe for adjudication. Once <br />adjudicated, however, a conditional water right must be kept alive by <br />quadrennial findings of the water court that the water project is being <br />taken to completion with "reasonable diligence." <br /> <br />Absolute water rights are established only by a completed appropri- <br />ation, that is, the actual diversion or storage of water and its physical <br />application to a beneficial use. A decree for an absolute water right <br />may issue whether or not a conditional right has been previously decreed. <br /> <br />A storage right is for the storage of water which will be applied to <br />beneficial use at a later time. A direct flow right, on the other hand, <br />contemplates the immediate application of water to a beneficial use. A <br />rough rule of thumb, for which there is scanty authority, is that the <br />retention of water for 24 hours or more requires a storage right. Both <br />direct flow and storage rights may be either conditional or absolute.. <br /> <br />2. Designated Ground Water. <br /> <br />Ground water found in certain areas of Colorado's eastern plains <br />is called designated ground water. Those areas are called designated <br />ground water basins and are established by the Colorado Ground Water <br />Commission. Designated ground water may be either tributary or non- <br />tributary to a natural stream and gains its identity solely by being <br />included within the boundaries of a designated ground water basin. <br /> <br />Rights to designated ground water are obtained under a modified <br />appropriation doctrine, an approach similar to that in use in several <br />surrounding states, where it has aptly been described as a "permit <br />system." Under the Colorado permit system for designated ground water- <br />basins, water rights are obtained solely by permits issued by the Ground <br />Water Commission. <br /> <br />In general, one desiring to appropriate designated ground water <br />first applies for a conditional permit, which is granted if unappropriated <br />
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