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Last modified
8/16/2009 2:38:06 PM
Creation date
4/1/2008 11:31:23 AM
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Board Meetings
Board Meeting Date
3/18/2008
Description
IWMD Section - Presentation of Agricultural Water Conservation Paper
Board Meetings - Doc Type
Memo
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Section 5 <br />Legal and Engineering Considerations <br />h1 Colorado, a relatively complex set of laws, regulations, and customs pertaining to <br />the use and transfer of water rights have evolved over time. These laws are a <br />reflection of the scarcity of water in the region and that sheams and rivers were not <br />always located near the intended place of use. Considering this reality, water rights <br />depend on use and not on the land where the water is applied. There are a few key <br />principles of Colorado water law that one must understand when considering the <br />conservation of agricultural water use. <br />^ No harm rule <br />^ A water right is a property right <br />^ Beneficial use <br />^ The concept of salvaged and saved water <br />No Harm Rule/No Injury Rule <br />Under Colorado water law, water rights can be changed in the type, place, or timing <br />of use as long as the change does not adversely affect other vested water rights, <br />whether perfected or conditional. Put another way, appropriators are entitled to the <br />continuation of stream conditions at the time of their appropriation--including return <br />flows from upstream water users. The doctrine of prior appropriation recognizes a <br />right of junior appropriators "in the continuation of stream conditions as they existed <br />at the time of their respective appropriations" (Farmers Hzgh Line Canal f~ Reservoir Co. <br />v. City of Golden}. The "No Harm Rule" provides protection to downstream water right <br />holders from injury when a water right is changed in Water Court. The reliance upon <br />irrigation retunl flows is a common occurrence in <br />Colorado; it has been estimated that a drop of water <br />in the South Platte River is used several times prior <br />to leaving the state. <br />Increasing the efficiency of water use under a valid <br />water right may not require a formal change of use <br />proceeding in all instances. For example, an <br />agricultural user may increase efficiencies to the <br />delivery of water (e.g., lining ditches, pipelines, or <br />polyacrylamides} or by on-farm applications (e.g., <br />r,~` .~' ,r , sac ~ },~ ~,.~~j¢~~ ;~ sprinklers, drip systems), yet still maintain the <br />'~ overall decreed use of irrigation on the same lands. <br />Water conserved within a given ditch system may in some cases be used within that <br />ditch system. There are potential legal issues with the irrigation company conserving <br />water and then giving or selling that water permanently outside of the system. <br />Although such activities may not require a change of use proceeding in water court, <br />these types of improvements could have detrimental impacts on other water users to <br />the extent that the change alters return flows and/or increases the consumptive use. <br />DRAFT 5-1 <br />
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