My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Colorado State Water Plan 1974 (Phase II)
CWCB
>
Publications
>
DayForward
>
Colorado State Water Plan 1974 (Phase II)
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/14/2014 3:03:19 PM
Creation date
1/15/2014 2:08:52 PM
Metadata
Fields
Template:
Publications
Year
1974
Title
Colorado State Water Plan
CWCB Section
Agency-wide
Publications - Doc Type
Historical
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
94
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
State Water Laws, Policies, and Administration <br /> In a recent case, the Colorado Supreme Court distinguished a change of <br /> point of return of irrigation or municipal effluent from other changes of water <br /> rights, holding that other appropriators had no vested rights to the maintenance <br /> by Denver of its original point of return of sewage effluent in the South Platte <br /> River. <br /> Colorado law also authorized practices of substitution or exchange of water <br /> in which individuals or private or public entities may provide substituted supplies <br /> of water to appropriators senior to them to satisfy the rights of the senior. In <br /> return, the suppliers may then take and use amounts of water equivalent to the <br /> amounts supplied to the senior appropriator. A practice of substitution or exchange <br /> may constitute an appropriative right and may be adjudicated as any other right. <br /> Colorado has no forfeiture statute. Water rights may be lost in whole or <br /> in part by abandonment. Abandonment has been defined by statute as "the <br /> termination of a water right in whole or in part as a result of the intent of the <br /> owner thereof to discontinue permanently the use of all or part of the water <br /> available thereunder. " Abandonment of a conditional water right occurs as a <br /> result of failure to develop the proposed appropriation with reasonable diligence. <br /> The Water Right Determination and Administration Act of 1969 provides <br /> for an administrative determination of abandonment by the division engineer when <br /> he prepares biennial water rights tabulations. These tabulations are routinely <br /> subjected to judicial scrutiny by the water judge at the times when they are <br /> presented pursuant to law for adjudication. For purposes of this procedure, <br /> nonuse of a water right for ten years or more creates a rebuttable presumption <br /> of abandonment. <br /> Water rights may also be lost through adverse use. Adverse use for the <br /> statutory period of 18 years or use under claim and color of title coupled with <br /> payment of assessed taxes for a statutory period of seven years may ripen into <br /> a water right. Application of the doctrine of adverse use to appropriate rights <br /> is sharply limited by the rule that water not needed by an appropriator for <br /> beneficial use by him belongs to other appropriators on the stream and is thus <br /> not available to be subjected to adverse use. Similarly, reservoir seepage that <br /> is allowed to return to the stream is public water available for appropriation <br /> and is not subject to use adverse to the owner of the reservoir. <br /> As noted above, Colorado law recognizes and makes provision for <br /> appropriation by storage of water for future application to beneficial use under <br /> the same system of priorities as that by which direct flow rights are administered. <br /> 2.10 <br />
The URL can be used to link to this page
Your browser does not support the video tag.