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<br />-- -- ---- -----------------.--------.---- ----- <br /> <br />1. Abandonment <br /> <br />If it can be shown that a water right has not <br />been used for a period of time and that the <br />owner had an intent to relinquish the right, it <br />may be declared abandoned. <br /> <br />2. Adverse possession <br /> <br />If the claimant can prove that he had actual, <br />open, notorious, continuous, hostile, and <br />exclusive possession of a right for a minimum of <br />eighteen years, he may be declared the owner by <br />adverse possession. <br /> <br />3. Cancellation <br /> <br />Conditional water rights may be "cancelled" if <br />they are not developed with due diligence or the <br />owner fails to apply for a quadrennial finding of <br />due diligence. <br /> <br />Acquisition of a Water Right <br />1. By Appropriation <br /> <br />As previously noted, a water right is acquired by <br />appropriation. Since many, if not all Colorado <br />streams are fully appropriated for at least a <br />portion of the year, any new appropriation may <br />not be sufficiently senior to provide a reliable <br />water supply. Thus, a potential appropriator <br />must thoroughly evaluate the reliability and <br />yield of a new appropriation before investing in <br />the development of such a water right. <br /> <br />37 <br />