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<br />The Water Right Determination and Administration <br />Act of 1969, Colorado Revised Statutes 1973, 37-92-101 <br />et. ~., provides special statutory procedures for <br />adjudicating water rights. <br /> <br />Elements of an Appropriation <br /> <br />There are two basic elements in the acquisition of a <br />water right. First, .ie water must be diverted from <br />its source. Second, the water diverted must be applied <br />to a beneficial use. <br /> <br />1. Diversion requirement <br /> <br />The diversion requirement generally means <br />removing water from its natural course or <br />location, or controlling water in its natural <br />course or location by a ditch, canal, reservoir, or <br />other structure or device. <br /> <br />2. Beneficial use <br /> <br />What constitutes a beneficial use is a question of <br />fact which depends upon the circumstances in <br />each case. Generally, it means the use of that <br />amount of water that is reasonable and <br />appropriate under reasonably efficient practices <br />to accomplish without waste the purpose for <br />which the diversion is lawfully made. This <br />includes the impoundment of water for <br />generating power. <br /> <br />Conditional Water Rights <br /> <br />Because some appropriations take substantial time to <br />complete, Colorado now has recognized conditional <br />water rights which allow a claimant to obtain a place <br />in the priority system. A claimant who established a <br />firm intent to appropriate water and has taken the <br /> <br />35 <br />