PUB00018

• Year: 1981
• Title: Water Over the Dam
• CWCB Section: Finance
• Author: Colorado Office of Energy Conservation
• Description: A small scale hydro workbook for Colorado
• Publications - Doc Type: Tech Report

CHAPTER IV: WATER LAW

Doctrine of Prior Appropriation

In Colorado the doctrine of "prior appropriation"
governs the allocation and distribution of water. This
doctrine was law in Colorado before statehood and is
embodied in the state constitution. The constitution
provides that waters of natural streams are property
of the public and dedicated to the use of the people,
subject to appropriation. The doctrine of prior
appropriation is a "first in time is first in right"
system for allocation of water. Simply stated, the
first person to appropriate water and apply it to a
beneficial use has the first right to use water from
that source. Each successive appropriator may take
his share of the water only after all those water rights
senior to his are satisfied.

The doctrine of "prior appropriation" is unlike the
"riparian rights" doctrine which is followed by most of
the eastern states. That system limits water rights to
those who own land adjacent to a river or stream. In
Colorado it is not necessary to own land on a river or
stream to acquire a water right, and the ownership of
such land does not carry with it the right to use any
water.

Adjudication of a Water Right and Establishing a
Priority

A court decree is not necessary to obtain a water
right; a water right is created by diversion of water
and applicaton to beneficial use. However, failure to
adjudicate water rights renders the right junior in
priority to those who obtain decrees. Whenever an
owner or claimant of a water right wants a
determination establishing the amount and priority of
his water right, he must file an application with the
proper water court.

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