My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
7776
CWCB
>
UCREFRP
>
Public
>
7776
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/14/2009 5:02:31 PM
Creation date
5/20/2009 10:22:58 AM
Metadata
Fields
Template:
UCREFRP
UCREFRP Catalog Number
7776
Author
Paddock, W. A. and W. C. Weiss.
Title
A Primer on Colorado Water Law.
USFW Year
1986.
USFW - Doc Type
\
Copyright Material
NO
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
42
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
confirming the date of appropriation of the water right, the <br />amount of the right and the purposes for which it may be used. A <br />decree is not necessary in order to obtain a water right, howev- <br />er, it is the best evidence of the existence of the right and <br />provides an enforcible priority date.19/ <br />Prior to 1969, water rights were adjudicated by the district <br />courts. When water users desired to adjudicate their water <br />rights they would petition the court to commence an adjudication. <br />Notice of the adjudication proceeding would be given to all per- <br />sons within the water districts or irrigation division involved. <br />A decree would ultimately be entered confirming the water rights <br />of all those who entered the adjudication proceeding. Any person <br />who failed to enter such an adjudication proceeding was bound <br />thereby and subject to the postponement doctrine. <br />The postponement doctrine simply provides that a person who fails <br />to enter an adjudication proceeding by which he will be bound <br />cannot thereafter obtain a priority for his water right senior to <br />the most junior right decreed in that adjudication proceeding. <br />This has the effect of making senior water rights junior to those <br />with later appropriation dates if the junior rights are adjudi- <br />cated first. This sometimes harsh result was designed ?to require <br />everyone to adjudicate their rights at the earliest possible <br />time. The doctrine insures that those who have their rights de- <br />creed can rely on the decrees of the court as establishing what <br />rights are senior to their own. This prevents an unadjudicated <br />senior right from coming in later, getting a senior decree and, <br />thereby, upsetting the expectations of appropriators with decreed <br />rights that had relied on their relative priority dates. <br />This manner of adjudicating water rights has been modified by the <br />Water Right Determination and Administration Act of 1969, sec- <br />tions 36-92-101 to 602, C.R.S. (1973 & 1985 Supp.). Under the <br />1969 Act, water courts were established which continuously adju- <br />dicate water rights. However, the postponement doctrine is car- <br />ried forward in the 1969 Act.20/ The Act provides that the dates <br />of appropriation shall control the relative priorities among all <br />water right applications filed in the same year. However, a wa- <br />ter right application filed in any year is junior to all water <br />right applications filed in previous years. <br />The operation of the postponement doctrine shows why it is essen- <br />tial to adjudicate a water right as soon as possible. Failure to <br />adjudicate the right results in continual loss of priority re- <br />gardless of the date of initiation of the right. Failure to ad- <br />judicate water rights and consequent loss of priority is a seri- <br />ous problem for state agencies. <br />-7-
The URL can be used to link to this page
Your browser does not support the video tag.