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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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Basics of Colorado Water Law <br />The Prior Appropriation System <br />A legal framework called the prior <br />appropriation system regulates the use of <br />surface water in rivers or tributary ground- <br />water connected to the river basin. This <br />system is mandated by Colorado's <br />Constitution. It is also referred to as the <br />"priority doctrine." <br />Tributary Groundwater <br />I~ributary groundwater is found below the Earths surface. It. is hydrological- <br />ly connected to a river and rs ofteh called shallow groundwater. The interaction <br />between streams and tributary groundwater occurs in three basic ways: <br />I1 Streams gain water h-om inflows of shallow groundwater; <br />2) Streams lose water to aquifers via outflows from the stream; or_ <br />3) Streams do both by gaining water from aquiFers in some reaches and los- <br />ing it to aquifers in other reaches. <br />Water added to a-shallow groundwater system earn increase [he flow of the <br />surface stream; conversely, well pumping can deplete the surface stream. An <br />aquifer is awater-bearing geological formation. Inflows to an aquifer, also called <br />recharge, occur when surface water percolates through soil ar geologic, h-actures <br />into the aquifer. Discharge is the contribution of water from the aquifer to the <br />surface stream or spring. Storage refers to the capability of the aquifer to hold <br />water for aperiod of time. <br />Diversion or Divert - Remove or con- <br />trol water from or within its natural <br />course or location, by means of a <br />water structure such as a ditch, <br />pipeline, boat chute, reservoir, or well. <br />Injury -The action of another that caus- <br />es or may cause the holders of <br />decreed water rights to suffer loss of <br />water in the time, place, and amount <br />they are entitled to use that water. <br />To better understand how this system <br />works, let's begin word-by-word. <br />Prior <br />Water users with earlier water rights <br />decrees (senior rights) have better rights in <br />times of short supply and can fill their <br />needs before others (junior rights) can <br />begin to use water. The phrase "first in <br />time/first in right" is a shorthand descrip- <br />tion of the prior appropriation doctrine. <br />Appropriation <br />Appropriation occurs when a public <br />agency private person, or business places <br />water to a beneficial use according to pro- <br />cedures prescribed by law. Only previous- <br />ly unappropriated surface or tributary <br />groundwater can be appropriated. The <br />appropriator must have a plan to divert, <br />store, or otherwise capture, possess, and <br />control the water for a beneficial use. <br />System <br />The prior appropriation system pro- <br />vides alegal procedure by which water <br />users can obtain a court decree for their <br />water right (see Water Courts p. 12). This <br />process of court approval is called adjudi- <br />cation. Adjudication of a water right sets <br />the priority date of the water right, its <br />source of supply, amount, point of diver- <br />sion, type and place of use. It also con- <br />firms that this water right will not cause <br />injury to existing water rights holders. <br />There are two basic types of prior <br />appropriation water rights: direct flow <br />rights and storage rights. The first takes <br />water directly from a stream to its place of <br />use. The second puts water into a reservoir <br />for later use. <br />The prior appropriation system also <br />lays out an orderly procedure so that state <br />officials can distribute water according to <br />decreed water right priority dates, shutting <br />off junior rights as needed to satisfy senior <br />rights. The only exceptions to this order of <br />B C^ L^ R A D^ F^ ^ N D A T I^ N F^ R W A T E R E D U C A T I ^ N <br />An irritation headgate near Kremmling, Colorado <br />controls the arnount of water diverged frorrr th;e <br />Colorado River. <br />
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