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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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III. DOCTRINE OF PRIOR APPROPRIATION <br />A. Overview <br />The doctrine of prior appropriation is a "first in time is first <br />in right" system for allocation of water. Simply stated, the <br />first person to appropriate water and apply it to a beneficial <br />use has the first right to use water from that source. Each suc- <br />cessive appropriator may only take his share of the water after <br />all those water rights senior to his are satisfied. <br />The doctrine of prior appropriation has always been the law in <br />Colorado. This was established by the Colorado Supreme Court in <br />Coffin v. Left Hand Ditch Company, 6 Colo. 443, 446, 447 (1882), <br />in which the court stated: <br />It is contended by counsel ... that the <br />common law principles of riparian <br />proprietorship prevailed in Colorado until <br />1876, and the doctrine of priority of right <br />to water by priority of appropriation <br />thereof was first recognized and adopted in <br />the constitution (of Colorado). But we <br />think the latter doctrine has existed from <br />the date of the earliest appropriations of <br />water within the boundaries of the state. <br />We conclude, then, that the common law doc- <br />trine giving the riparian owner a right to <br />the flow of water in its natural channel <br />upon and over his lands, even though he <br />makes no beneficial use thereof, is inap- <br />plicable to Colorado. Imperative neces- <br />sity, unknown to the countries which gave <br />it birth, compels the recognition of anoth- <br />er doctrine in conflict therewith. <br />The doctrine of prior appropriation is enforced by the state en- <br />gineer, discussed infra, through the seven division engineers and <br />numerous water commissioners who enforce the priority system by <br />ordering junior water rights to cease diverting when seniors <br />"call" for their water in times of shortage. <br />-3-
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