Water Smarts 2002

• Year: 2002
• Title: Water Smarts
• Author: Upper Arkansas Area COG USGS Pueblo Office
• Description: A well and septic system owner's guide to ground water in the upper arkansas area chaffee, custer, fremont, and lake counties, Colorado
• Publications - Doc Type: Other

Who's Right?
"first in time, first In right"
Originating in the 1800s, the
Colorado water allocation or `beater
rights" system was established to
regulate use of water. The first
uses, mining, ranching and farming,
required water to be taken out of the
stream and applied elsewhere.
Because there was not enough
water for everyone, the prior
appropriation system was adopted.
The prior appropriation system is a
way to divide water use based on
the concept of "first in time, first in
right." Historically, the miners,
ranchers and farmers were the first
to use the water, and therefore the
first to claim a "right" to it. Their use
established rights that still exist
today. These rights, established in
the mid to late 1800s are senior
water rights as the rights carry old
priorities, for example 1862, 1877
etc.. A "priority" is a date associated
with a water right. The priority is the
date on which the water was first put
to use. (A surface water right refers
to the amount of water a person can
legally remove from a river or
reservoir as opposed to ground
water which is accessed by wells.)
In most streams there are several
water rights. Even a particular right
may be owned by several people.
Thus, knowing who has "priority" is
important.
er Court?
In the Rocky Mountain West, a complex web of laws and
regulations govern both water quantity and quality.
Understanding the rules —and the agencies that enforce
them —can help you avoid arguments and keep you out of
court. This booklet provides basics and consultation with a
water law attorney is encouraged for in -depth advice.
In the western states, water is limited, and people guard
their access to it by obtaining water rights. Colorado has a
complex series of laws based on the concept of "first in
time, first in right " —or prior appropriations. These laws
govern agricultural, commercial, and domestic use, and the
water storage and transport handled through reservoirs,
diversions, ditches and pipelines.
Under Colorado water law, people cannot own water; they
can only own the right to use it. Legally, that right can be
bought and sold just like a piece of property. If nobody
owns the water rights in an area, then the Colorado
Constitution guarantees that the water can be used for
beneficial purposes such as irrigation, household use or
recreation. In many cases, though, more than one person
may own the water rights in a given stream or aquifer.
Knowing who has priority is important and is based on the
concept of "first in time, first in right."
Most Colorado landowners do not get involved with water
rights. Those living outside a water district usually obtain a
well permit. However, a well permit is not a water right.
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