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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distribution of water, primarily including ditch companies and numerous
quasi~municipal districts and municipalities.

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a. Ditch Companies.

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Ditch companies are divided into "mutual" and "carrier" ditch
companies. Mutual companies are nonprofit corporations which function
for the benefit of their shareholders who are the owners of the water
rights held by, and the water distributed by, the company. Carrier
ditch companies are operated for the profit of their shareholders; the
company merely leases water to the actual consumers and is a public
utility regulated by county commissioners.

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b. Municipalities and Quasi-municipal Districts.

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There is a plethora of governmental districts and municipal enti-
ties responsible for the distribution of water. While generalizations
are difficult, it is usually true that water service from those districts
and municipalities is offered to all persons within their boundaries
and, under special circumstances, to a limited number of persons out-
side of their boundaries. With the exception of certain water conser-
vancy districts, there is usually no independent, speculative market
for the rights to receive water from those districts.

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2. Changes in Water Right~.

After the initial allocation of water by the water court or the
Ground Water' Commission, the holders of those water rights may wish to
change them from their original point of diversion, or place of storage,
type of use, place of use, time of use, etc. The general rule is that
such a change will be allowed by the water court or the Ground Water
Commission only if no injury will result to other water rights.

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With respect to nontributary, nondesignated ground water, however,
the answer is not clear. If such water is subject to the prior appro-
priation doctrine, the no-injury rule will probably apply. If, however,
the water may be used only by the overlying owner, the right to change
may well be without limitation. For further detailed discussion, see
chapter XVI.

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