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7/14/2009 5:02:31 PM
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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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sive irrigation works. This was not only true in the valleys of <br />the Rio Grande and the Picketwire, but also to a lesser extent in <br />the South Platte River Basin. The development, however, in <br />southern Colorado was quite extensive. For instance, the average <br />or normal flow of the Picketwire during the irrigation season was <br />completely appropriated by the year 1864. <br />Subsequently, the larger irrigation systems on the South Platte <br />and its tributaries, the Arkansas and its tributaries, and the <br />Rio Grande and its tributaries were constructed and have continu- <br />ally expanded. Around the turn of the century, many of the irri- <br />gation systems on the South Platte which were financed by English <br />companies failed economically. These systems were taken over by <br />local irrigators who mad them pay by providing holdover storage. <br />The irrigation systems in the three basins still furnish the , <br />foundation and basis for a large part of the economic wealth of <br />the State of Colorado.2/ <br />II. RIPARIAN RIGHTS <br />The riparian rights doctrine has its roots in the common law of <br />England. It extends to all persons who own property which abuts <br />or is bounded by a natural stream. It entitles each riparian <br />owner to have the natural flow of the stream pass his lands undi- <br />minished in quantity and unimpaired in quality. This water right <br />is an appurtenance of the property. It cannot be sold apart from <br />the property, nor is the right lost by failure to utilize the wa- <br />ter. <br />The riparian doctrine is the law in this country for all those <br />states lying totally east of the 98th meridian, except for Flori- <br />da and Mississippi. (Those two states utilize the appropriation <br />doctrine.) However, the common law rule of riparian rights <br />stated above has now been largely replaced by the "reasonable <br />use" rule. Under the old rule, uses such as irrigation were not <br />allowed. Under the "reasonable use" rule, each riparian owner <br />can now make a reasonable use of the water in the stream consist- <br />ent with like uses by the other riparian owners on the stream. <br />This modification provides for much greater flexibility in water <br />use in riparian states. <br />-2-
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