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Last modified
7/14/2009 5:02:31 PM
Creation date
5/22/2009 12:57:02 PM
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UCREFRP
UCREFRP Catalog Number
7921
Author
Trembly, T. L. and G. A. Gould.
Title
Opportunities To Protect Instream Flows In Colorado And Wyoming.
USFW Year
1987.
USFW - Doc Type
Biological Report 87(10),
Copyright Material
NO
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<br />Administration of the prior appropriation doctrine varies in the Western <br />States that recognize the doctrine. Colorado has some unique factors in its <br />appropriation system. The central figure in most State administrative systems <br />is a designated public official or board--usually a State Engineer. This <br />official collects necessary information, develops and maintains diversion <br />records, enforces the priority system, and is given general administrative <br />control over the use and distribution of water. The usual means to identify <br />the extent of an appropriator's right is by a permit issued by the State <br />Engineer that specifies the date of appropriation, the location of the diver- <br />sion, amount and timing of the diversion, and the use to which the water is to <br />be put. The permi t system is used in a 11 Western States except Colorado <br />(Gould 1979). <br /> <br />The pri or appropri at ion doctri ne of water ri ghts has been in place in <br />Colorado since statehood. The Colorado Constitution, adopted in 1876, states: <br /> <br />Sect ion 5. Water of streams pub 1 i c property. The water of every <br />natural stream, not heretofore appropriated, within the state of <br />Co 1 orado, is hereby dec 1 a red to be the property of the pub 1 i c, and <br />the same is dedicated to the use of the people of the state, subject <br />to appropriation as hereinafter provided. <br /> <br />Sect ion 6. Di vert i ng unappropri ated water - pri ori ty preferred <br />uses. The right to divert the unappropriated waters of any natural <br />stream to beneficial uses shall never be denied. Priority of appro- <br />priation shall give the better right as between those using the <br />water for the same purpose; but when the waters of any natural <br />stream are not sufficient for the service of all those desiring the <br />use of the same, those using the water for domestic purposes shall <br />have the preference over those claiming for any other purpose, and <br />those using the water for agricultural purposes shall have preference <br />over those us i ng the same for manufacturi ng purposes. (Co 10. Const. <br />Art. XVI). <br /> <br />In an 1882 decision by the Colorado Supreme Court, the doctrine of ripar- <br />ian rights--an appropriation system predominant in the Eastern states--was <br />completely rejected, and the court held that the appropriation doctrine was <br />the law in Colorado even prior to adoption of the Colorado Constitution [Coffin <br />v. Left Hand Ditch Co., 6 Colo. 443 (1882)). <br /> <br />The doctrine of prior appropriation has evolved slowly through the <br />development and application of case law as decreed by the Colorado appellate <br />courts, in an attempt to meet the needs for a comprehensive workable system <br />for administering water. In 1969, the Colorado Legislature adopted the Water <br />Rights Determination and Administration Act, which codified many previous <br />court decisions for regulation and administration of the State's surface <br />waters (1969 Colo. Sess. Laws Ch. Codified as CRS 9 37-92-101 through 602 <br />(1973 and Cum. Supp. 1985). This administrative water rights system is a key <br />element of any State instream flow program opportunity. <br /> <br />11 <br />
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