7936

• UCREFRP Catalog Number: 7936
• Author: McDonald, J. W.
• Title: A Primer On Colorado's Water Policies.
• USFW Year: 1988.
• USFW - Doc Type: \
• Copyright Material: NO

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A PRIMER ON
COLORADO'S WATER POLICIES
by J. William McDonald, Director
Colorado Water Conservation Board*
Introduction
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While one cannot find in any one document a compilation of
the state's water policies, the constitution and statutory laws
of Colorado do articulate policies for the use, development,
and allocation of the state's water resources. The purpose of
this paper is to provide a broad, and admittedly simplified,
overview of existing policies. This is but a first effort at
setting forth Colorado's water policies in one document--
criticisms and comments from interested readers would be
welcomed.
The Foundation Policv
The cornerstone of Colorado's water rights system is the
prior appropriation doctrine. The primary functions of this
doctrine are to create private property rights in the use of
water and to enable those rights to be transferred among
willing sellers and buyers so long as other water rights are
not "materially injured." Insofar as state law is concerned,
if a water right holder has the financial wherewithal to put
water to a "beneficial use," they are essentially free to da so
in such manner, and from such water sources, as they see fit.
Put another way, decisions as to the use and allocation of
water are made by individual appropriators, not by state
government agencies.
Colorado's fundamental water policy is, therefore, that the
marketplace will be used to allocate this scarce resource, with
state government agencies having essentially no authority to
direct the uses which will be made of our water resources. In
effect, the marketplace "allocates" water to those most willing
to pay for its use, with individual water users, each acting to
promote their own welfare, deciding how, when, where, and for
what purposes Colorado's water resources will be used.
Adiudication and Administration of Water Rivhts
In the context of the above-described water rights system,
state government is assigned limited and narrowly defined roles.
*This paper was prepared as an introduction to the July 14,
1988, public forum on state water policy hosted by
Representatives Paulson and McInnis and Senator Bishop.
The views expressed herein are solely those of the author.
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