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Last modified
7/14/2009 5:02:31 PM
Creation date
5/20/2009 10:22:58 AM
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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
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28/, agricultural 29/, industrial 30/, municipal 31/, dust con- <br />trol 32/ and land rreeclamation.33/ <br />Beneficial use of water is defined to require efficient use of <br />the water and to preclude waste.34/ An appropriator is entitled <br />to take only so much water as he actually needs and any surplus <br />must be returned to the stream.35/ Therefore, a vested water <br />right may not be obtained for water diverted but not needed for <br />beneficial use. <br />4. Absolute and conditional water rights <br />a. Absolute water rights <br />As stated above, all that is necessary for the appropriation of a <br />water right is diversion of the water and application to benefi- <br />cial use. Once this has been accomplished, the owner has an ab- <br />solute water right which entitles him to use, in priority, a cer- <br />tain portion of the waters of the natural stream.36/ <br />b. Conditional water rights <br />Speaking generally, the priority date of a water right is estab- <br />lished by the time at which water is first diverted and placed to <br />beneficial use. This method for determining priorities works <br />well for those who can build their diversion works and apply wa- <br />ter to beneficial use within a reasonably short period of time. <br />However, large projects, such as some reservoirs and <br />transmountain diversions, require a long time to complete. If <br />the priority date for such projects were determined by the date <br />of application of water to beneficial use, many such projects <br />would not have been built because there would have been no assur- <br />ance that when they were completed sufficient water would have <br />remained for appropriation. The doctrine of conditional water <br />rights evolved to solve this problem. <br />A conditional water right means a right to perfect a water right <br />with a certain priority upon the completion with reasonable dili- <br />gence of the appropriation upon which such water right is to be <br />based.37. A conditional water right decree determines that the <br />first step toward appropriating a certain amount of water has <br />been taken and the date upon which this occurred.38/ <br />(1) Elements of a conditional water right <br />To initiate an appropriation for a conditional water right, two <br />elements must coexist. First, the appropriator must have formed <br />an intent to take water and apply it to beneficial use.39/ Sec- <br />-9-
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