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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
\
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proper utilization. Protection also involves protecting the <br />right from injury by other water users. This, in turn, entails <br />being aware of what other water users from the same source of <br />supply are doing with their rights. This information is availa- <br />ble in the form of the monthly resume 1201 put out by the various <br />water courts. The resume is a listing of all water right appli- <br />cations filed in the water court during the preceding month. It <br />contains a summary of each application including a description of <br />the water rights involved, their location and the nature of the <br />change sought, if any. By reading the resume, one can determine <br />what applications, if any, may adversely affect his water rights. <br />In order to be effective in the review of resumes it is necessary <br />to have a person familiar with all the agency's water rights re- <br />view them. Thus, it is recommended that each agency appoint one <br />person or several persons to become familiar with the agency's <br />water rights. These persons would then be responsible for re- <br />viewing the resumes. Each time they see an application which <br />could potentially adversely affect agency water rights, the agen- <br />cy should have the Attorney General file a statement of opposi- <br />tion 121/ in the water court proceeding. <br />3. Conveyance and purchase of water rights <br />Conveyance or purchase of water rights is a very ticklish busi- <br />ness. The first and greatest problem is that of assuring title <br />to the water right. This is a very difficult problem with old <br />water rights because title insurance on water rights is unavaila- <br />ble, conveyancing patterns are sloppy and there is no root of ti- <br />tle comparable to a patent. Thus, determining title becomes a <br />complex job including reviewing abstracts, reviewing water court <br />decrees and physical inspection of the place of use of the water <br />right. A good discussion of this problem is found in King, Colo- <br />rado Practice, Vol. I, sections 171-177. <br />If title to the right can be adequately established, the next <br />problem is determining the nature and extent of the right in- <br />volved. This involves an analysis of the historic use of the <br />right, including the amount of water actually used, when it was <br />used, what the water was used for and where it was used. It also <br />requires a determination of potential adverse user claims. Re- <br />viewing these matters involves a search of the state engineer's <br />records on use, court records affecting the water right and on- <br />the-ground physical inspections. <br />Assuming the water right's title can be adequately assured and <br />the historic use of the right is acceptable, then it is necessary <br />to evaluate if the right is suitable for the purchaser's pur- <br />-27-
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