9476

• UCREFRP Catalog Number: 9476
• Author: Colorado Foundation for Water Education.
• Title: Citizen's Guide to Colorado Water Law.
• USFW Year: 2003.
• USFW - Doc Type: \
• Copyright Material: NO

1Nater Rights and Decrees
appropriation. was initiated.
In decreeing water rights priorities,
Colorado water courts are not free to
choose between different types of benefi-
cial uses. They are also not allowed to
deny water right applications based on
public interest or em°ironmental grounds.
The public trust doctrine is not rec-
ognized in Colorado, although the
Colorado Supreme Court has ruled that
the Colorado Water Conservation Board
has a legal responsibility to the people of
Colorado to enforce its instream flow
water rights.
1Nater Rights
All water in Colorado is a public
resource known as "water of the state." In
creating water rights, Colorado law distin-
guishes between waters of the natural
stream, which includes surface water and
tributary groundwater, and deep ground-
water, which includes designated ground-
water, nontributary groundwater, and
Denver Basin groundwater.
Obtaining a Decree for a
Conditional 1Nater Right
A ne~~° water user can no longer appro-
priate water by simply going out to the
stream and digging a diversion ditch.
Modern water projects inaolve a complex
process of planning, permitting, engineer-
ing, and financing.
To allow time for these efforts, while
also holding a date in the priority system,
waters users apply for conditional water
right decrees. A conditional decree holds a
date in the priority system, which is then
finalized when the water is actually put to
beneficial use.
To obtain a conditional water right
decree, the applicant must show there is
still unappropriated water available,
taking into account the historic exercise
of decreed water rights. In the over-
appropriated watersheds of Colorado,
such as the South Platte, Arkansas and
Rio Grande basins, an individual with a
new water use may still obtain a water
decree, but the water may only be avail-
able during a small part of the year, or
only in some years. Greater reliability
can be gained by obtaining a decree for
an out-of-priority diversion. using an
augmentation plan (see Augmentation
Plans, p.16) or by changing existing
water right decrees (see Change, Sale,
and Transfer of Water Rights, p.15).
Obtaining a court decree fora condi-
tional water right can be a complex
process, although individuals may
choose to proceed through the trial of a
water case without a lawyer.
Corporations may appear before the
water judge only through an attorney.
Generally, applicants seek both legal and
water engineering advice.
The following steps for obtaining a
decree for a conditional water right are
provided as a guideline. They are not
intended to address all situations. The
Colorado Courts Web page contains appli-
cation forms for the various types of water
applications at www.courts.state.co.us
Public Trust Doctrine - A doctrine of
state ownership of stream and
lakebeds that has been applied,
most notably in California, to cut
back on historic diversions to
sustain fish and wildlife habitat
and recreation.
C I T I Z E N S G U I D E T^ C O L^ R A D^ W ATE R L A W ~ ~ 3
Building gol f courses ir, the semi-arid west can create substantial water use issues, but groper planning,
construd:ion and mana,Qement, as well as the use of wr_rter not suitable for hi.aman constamptJon, can
reduce the demand an water supplies.