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1Nater Rights and Decrees Different Types of Decrees and Water Rights Absolute Decree: a water court decree recognizing that a water right has been perfected, or made real, by placing previously unap- propriated water to a beneficial use. Augmentation Decree: a water court decree that allows a water user to divert out of priority by replacing water depletions made to the stream system. Change of Water Rights Decree: a water court decree that allows a different use, different point of diversion, or different place of use, while retaining the senior priority of the original water right. The water consumption under the change is limited to the beneficial historic consumptive use of the original water right based on a rep- resentative time period, mainte- nance o[ the historic retlrn flow pattern, and other conditions nec- essary to prevent enlargement of the water right or injury to other water rights. Conditional Decree: a water court decree recognizing a priority date for a new proposed appropriation. The water right is conditional ` upon actual,. physical appropria- tion of the water. The applicant for a conditional decree must show that there is unappropriated water available, and must: have a plan to divert, store, or otherwise capture, possess, and control the water. To continue to hold a con- ditional decree, the potential water user must prove to the court that he or she is making diligent progress towards putting the water to a beneficial use. r~ holder of a condiu~nal decree must show diligence every six years after - issuance of the original condition- al decree or issuance of the most recent diligence decree. Direct Flow Right: a right that takes its water directly from the surface stream or tributary groundwater for application to beneficial use. It is expressed in cubic feet per sec- ond of flow (cfs). Exchange Decree: a water ccanrt decree that allows an upstream diverter to take the water that would usually flow to a down- stream diverter. The upstream diverter must provide the down- stream diverter with a suitable replacement supply of water, in amount, timing, and quality, from some other source. Federal Reserved Right: a right to previously unappropriated water expressly created by Iederal law. Federal reser~~cd rights may also be created by implication, meaning that even if such rights were not named explicitly, Congress implied that it was necessary to reserae water rights for use on federal lands such as tribal reservations, national parks, forests, and monu- ments (see Federal Reserved Water Rights, p. 24).' In-channel Recreational Diversion Right: water right held by a local governmental entity for structures that a~t~trol t11e-flow of water for rafting and kayaking. Instream Flow Water Right: a water right held by the state to protect or impro~'e the water-dependent nat- ural environment. Storage Right: aright to impound water in priority for later use, expressed in number of acre-feet of water that the reservoir or storage vessel can hold. To initiate a surface or tributary groundwater right and obtain a condition- al decree, the water user must: 1) Intend to divert previously unappro- priated water; 2) Demonstrate this intent openly, for example, by conducting field surveys, posting notice at a diversion point, or filing for a well permit application; 3) File an application with the region- al water court. The year in which the application is filed sets the date of priority; 4) Publish the application through the water division monthly water resume and by legal notice in local newspapers; 5) Allow two months for other parties to file statements of opposition; 6) Colorado Division of Water Resources engineers at the local Division Engineer's Office review the application; 7) Staff from the Division Engineer's office, generally the local water commissioners, perform field inves- tigations to confirm the claims in the application; 8) Division Engineer submits a written report to the regional water court, with recommendations; 9) If there is no opposition, the applica- tion is re~~iewed by a water court refer- ee who then issues a ruling; 10) If no protest is filed, the ruling goes before the water court judge and he/she signs it in the form of a decreed water right. 11) If there is a protest, the case goes before the water court judge for trial, unless the parties can reach agree- ment. In that instance, the water court may enter an agreed-upon decree. Access for Building and Operating Water Facilities The right to cross another person's land to construct, maintain, and operate a water facility, such as a reservoir, ditch, or headgate, has always been an essential fea- 1 4 C O L D R A D O F^ U N D A T I O N F^ R W A T E R E D U C A T I^ N