PUB00154

• Year: 1992
• Title: Agenda Item 6 January 22-23 1992 Board Meeting
• CWCB Section: Administration
• Description: Agenda Item 6 January 22-23 1992 Board Meeting
• Publications - Doc Type: Tech Report

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water right -

"a right to use in accordance with its priority a certain portion of the
waters of the state by reason of the appropriation of the same."
Section 37-92-103(12), C.R.S. .

2. Terms specifically defined in case law:

developed water - "new water not previously part of the river system, Le., it is imported or
non-tributary water." RJ.A.. Inc.. v. Water Users, 690 P.2d 823 (Colo.
1984). (relying on Shelton Farms).

"duty of water" - "measure of water which by careful management and use, without
wastage is reasonably required to be applied to any given tract of land
... variable according to conditions." Weibert v. Rothe Brothers, 618
P.2d 1367 (Colo. 1980).

expanded use _ increase in historical consumptive use even if the amount diverted is
unchanged or does not exceed that amount stated in decree
Danielson v. Kerbs Ag. Inc., 646 P.2d 363 (Colo. 1982).

historical consumptive use - diversions minus return flows, Danielson.
amount of water applied to a beneficial use minus return flows.
May v. U.S., 756 P.2d 362 (Colo. 1988).

historical use - actual diversion over a period of time
SECWCD v. Fort Lyon Canal, 720 P.2d 133 (Colo. 1986).
This term has sometimes been used interchangeably with "historical
consumptive use" creating some confusion and uncertainty as discussed
in the Ft. Lyon case.

return flow - water not fully consumed by a beneficial use Water Supply & Storage
Co. v. Curtis, 733 P.2d 689 (Colo. 1987).

salvaged water - ''water in the river or its tributaries (including aquifer) which ordinarily
would go to waste, but somehow are made available for beneficial use."
SECWCD v. Shelton Farms 529 P.2d 1321 (Colo. 1974). Tributary
water made available for beneficial use through elimination of waste."
RJ.A.. Inc.

waste - "to divert more than can be used beneficially." Weibert

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