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Last modified
7/14/2009 5:02:35 PM
Creation date
5/24/2009 7:17:25 AM
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UCREFRP
UCREFRP Catalog Number
9476
Author
Colorado Foundation for Water Education.
Title
Citizen's Guide to Colorado Water Law.
USFW Year
2003.
USFW - Doc Type
\
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Water Rights and Decrees <br />Monthly Water Resumes <br />Each water court publishes a monthly resume of the applications it has <br />received, both in newspapers and by mailing individual copies to persons on the <br />water clerk's mailing list. This is how the citizens of Colorado are informed of <br />pending water cases <br />The Colorado Courts post all se~~cn ~~~ater court di~~ision monthly resumes on <br />the Colorado Court's Web site at ww~w.courts.state.co.us <br />Statements of Opposition <br />Owners of water rights may file a statement of opposition to any water right <br />application they think might cause injury to their water rights. A statement of <br />opposition must be filed within 60 days of when notice of the application appears <br />in the resume. Any citizen may oppose a water rights application, but Colorado <br />law does not allow citizens to raise questions of injury to water rights they do not <br />own. The State and Division Engineers can file a statement of opposition to any <br />application. Colorado law does not allow opposition on public interest or envi- <br />ronmental. grounds. <br />Water court forms for applications and statements of opposition are main- <br />tained at the local water clerk's office and on the Colorado Court's Web site at <br />www.courts.state.co.us <br />" ~., <br />{ ~,.. <br />`, <br />_- <br />-.$ :_ <br />:< ~; <br />1. i <br />!aas. <br />F, <br />Colorado Water Divisions <br />Division I - $ol.lth Platte River <br />Division 2 - Arkansas River <br />Division 3 Rio Grande River <br />Division 4 - Gunnison River <br />Division 5 - Colorado River <br />Division b - <br />Division 7 - Yampa, White and North Platte Rivers <br />San Miguel, San Juan and Animas Rivers <br />Water Courts <br />Starting with an 1879 statute, the <br />Colorado General Assembly assigned the <br />duty of setting water right priority dates <br />and amounts to the courts. This differs <br />from almost all other western states, which <br />use a permit system. <br />In 1969, the Legislature created <br />seven water divisions based on the major <br />watersheds of the state. The water court <br />for each division is headquartered in the <br />following locations: <br />• Greeley: South Platte River Basin <br />• Pueblo: Arkansas River Basin. <br />• Alamosa: Rio Grande River Basin <br />• Montrose: Gunnison River Basin <br />• Glenwood Springs: Colorado <br />River Mainstem <br />• Steamboat Springs: Yampa, White, and <br />North Platte River Basins, and <br />• Durango: San Juan and Dolores <br />River Basins. <br />In Colorado, water courts have juris- <br />diction over all water right decree appli- <br />cations for surface water, tributary <br />groundwater, nontributary, Denver Basin <br />groundwater outside of designated <br />groundwater basins, and geothermal <br />resources. In addition, they review cases <br />of reasonable diligence for conditional <br />water rights, changes of water rights, <br />exchanges, and augmentation plans, and <br />appeals from State or Division Engineer <br />enforcement orders. <br />Water courts also have jurisdiction <br />to review cases where the state and divi- <br />sion engineers have refused to enforce <br />reductions or shutdowns of undecreed <br />water uses or decreed junior water <br />rights after a "call" was placed by a sen- <br />ior water right (see The Workings of a <br />River Call, p.18). Appeal of a water <br />court decision goes directly to the <br />Colorado Supreme Court. <br />Water courts set the priority date for <br />the water rights decree based on the year <br />in which the application is filed, and, <br />within that year, the date when the water <br />~ 2 C^ L^ R A D^ F^ U N D A T I ^ N F^ R W A T E R E D U C A T I ^ N <br />
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