Laserfiche WebLink
Legal Questions <br />Can people own water? <br />Under Colorado water law people do not own <br />water, they only own the right to use it. <br />Legally, that right can be bought and sold <br />just like a piece of property. The Colorado <br />Constitution guarantees that a water right <br />may be obtained to use water for beneficial <br />purposes such as irrigation, household use or <br />recreation if a stream is not "over - <br />appropriated." Over - appropriated means that <br />at times there is more demand associated <br />with a stream than there is water available. <br />In Colorado, most streams are over - <br />appropriated. <br />Is there any recourse for <br />homeowners when water is not <br />drinkable? <br />This depends on why it is not drinkable. It <br />can be due to man or nature. If other people <br />have made potable water non - potable, you <br />may be able to sue in civil court. You must <br />have an established record of your water's <br />quality to provide as evidence. Ongoing <br />sampling and monitoring is the best solution <br />for protection. You can't sue Mother Nature, <br />but if the problem is naturally caused, you <br />can treat your water on -site. <br />If I have a well permit, can I use <br />all the water I want? <br />In Colorado, you are not allowed an <br />unlimited supply of water. The laws are <br />complex because taking water from a well <br />can affect stream levels, and diverting water <br />from a stream can alter well yields. Your <br />well permit will define limitations on water <br />use. <br />How do I get a well permit? <br />In Colorado, the state Division of Water <br />Resources issues well permits. In most <br />cases, if you own a legally platted lot (per the <br />requirements of Senate Bill 35) or a parcel of <br />more than 35 acres, you can get a well <br />permit. The first step is to contact the Office <br />of the State Engineer, Division of Water <br />Resources. (www.water.state.co.us) <br />What is meant by, "First in time, <br />first in right ?" <br />This refers to Colorado's legal system of <br />allocating water to users. This "water rights" <br />system is based on the premise that those <br />who historically first used the water — "first <br />in time," have the highest priority for current <br />water usage — "first in right." The priority is <br />the date on which the water was first used. <br />Therefore, every water right carries a date. <br />The older the date, the more valuable the <br />right. These oldest water rights are "senior" <br />rights and often date back to the mid- to late - <br />1800s. <br />Senior water rights users get to use their <br />allotted amount of water first. Junior water <br />rights holders have lower priority since they <br />first used the water after those "senior" to <br />them. Depending on the amount of water <br />available, the junior users may or may not get <br />the full amount of what is allotted to them. A <br />dry year may result in no water for junior <br />holders. <br />Is it legal to "bleach" a well with <br />known bacterial problems prior <br />to collecting a lab sample? <br />There are some valid reasons for chlorination, <br />e.g., managing a seasonal bacterial presence. <br />Some people may temporarily disinfect their <br />wells by pouring chlorine bleach down them. <br />This is done to ensure biologically -free <br />drinking water and potability. It is highly <br />suggested to wait 3 to 5 days after flushing <br />the chlorine to resample. This ensures a <br />more representative source -water sample. If <br />19 <br />