Colorado State Water Plan 1974 ‎(Phase II)‎

• Year: 1974
• Title: Colorado State Water Plan
• CWCB Section: Agency-wide
• Publications - Doc Type: Historical

PART II--STATE WATER LAWS, POLICIES, AND ADMINISTRATION
DEVELOPMENT OF COLORADO WATER LAW
Colorado has always been an "Appropriation" doctrine State. It has long
been established that the common law or riparian rights doctrine never was the
law of Colorado, even before statehood. Since Colorado was the first state to
adopt a pure appropriation system, the doctrine early became known as the
Colorado Doctrine, as distinguished from the California Doctrine which attempted
to recognize both riparianism and appropriation.
The Colorado Doctrine, as set forth in the State constitution, declares
that the unappropriated water of every natural stream is the property of tie public,
subject to appropriation, and that the right to divert unappropriated waters of any
natural stream to beneficial uses shall never be denied. The constitution also
provides that as between those using water for the same purpose, priority of
appropriation shall give the better right. These constitutional expressions of
the appropriation doctrine have been supplemented by legislative declaration that
all waters of the State have always been and are the property of the public,
dedicated to the use of the people, subject to appropriation and use in accordance
with law.
The above doctrine applies only to the relationship between the State and
individuals and/or organizations and do not necessarily apply to the Federal water
rights or land.
State Organizational Structure for Water Administration and Control
Responsibility for water administration and control in Colorado is divided
between the State Engineer, who is the executive officer of the Division of Water
Resources of the State Department of Natural Resources, and the judiciary,
specifically, one district court judge designated as a water judge for each of the
seven water divisions of the State established by law. The State Engineer has
exclusive jurisdiction to administer, distribute, and regulate the waters of the
State. The water judges, on the other hand, have exclusive jurisdiction over
"water matters" in the State district courts within their respective divisions.
"Water matters" are those matters that are specified by statute to be heard by
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