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Basics of Colorado 1Nater Lave priority occur when there is an approved replacement water supply plan in place that would allow out-of-priority diver- sions (see Augmentation Plans, Exchanges, and Substitute Supply Plans, p.15, 16, 17), because of a statutory exemption from administration (see Exempt and Non-Exempt Wells, p. 17), or in instances of a futile call (see Futile Call, p.32). Beneficial Use Beneficial use is the basis, measure, and limit of a water right. Colorado law broadly defines beneficial use of water as a lawful appropriation that employs reason- ably efficient practices to put that water to use without waste. What is reasonable depends on the type of use and how the water is with- drawn and applied. The goal is to avoid water waste, so that the water resource is available to as many water rights holders as possible. Over time, the uses of water consid- ered "beneficial" have increased in response to the changing economic and community values of Colorado's citizens. Recognized beneficial uses now include among others: • Colorado Water Conservation Board instream flows • Commercial • Domestic • Dust suppression • Fire protection • Fish and wildlife culture • Flood control • In-channel recreational diversions for rafting and kayaking • Indusu-ial • Irrigation • Mined land reclamation • Municipal • Nature centers • Power generation • Recreation • Release from storage for boating and fishing flows Domestic Preference The Colorado Constitution provides in times of shortage that domestic water use has preference over any other purpose, and that agricultural use has prefer- ence over manufaeuiring use. In an early 20th century court case pitting a junior municipal use against a senior irrigation use, the Colorado Supreme Court said that this provision did not intend to alter tl.~e priority system. I-Iowever, it does give mttnicipalitics the power to condemn water eights, if the owners of those water rights are paid just com- pensation. For example, in 19ll the City of Grand Jtimction used this power to condemn water rights others had previously held on Kannah Creel<. Municipal and domestic use currently amounts to about 10 percent of water consumption in Colorado; agriculture, about 85 percent; and all other uses some 5 percent. • Snowmaking • Stock watering Colorado's prior appropriation doctrine has evolved to include beneficial uses that were pre~~iously thought to be incompatible with Colorado's constitution. In 1973, for example, the State Legislature recognized the "need to correlate the activities of mankind with some reasonable preservation of the natural en~nronment." To accomplish this, it created the Instream Flow Program within a state agency, the Colorado Water Conservation Board (CWCB). Newly-appropriated instream flows are the minimum stream flows or lake levels needed to preserve the natural environment to a reasonable degree. The CWCB current- ly holds instream flow rights on 8,000 miles of Colorado streams and 486 lakes. In 2002, the Legislature enacted a new law allowing the state to also acquire senior water rights to improve stream con- ditions by donation, lease, or purchase. The CWCB is the only entity legally per- mitted under state law to hold instream flow water rights. C I T I Z E N S G U I D E T^ C^ L^ R A D ^ W ATE R L A W ~ 7