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JUL. E. 208 i 12 i 5P~ lEAVENW8RTrl & KA~P NO 9S2 p, 4 . -1- I I I. I I I I I I I I I I I I I I I I INTRODUCTION TO COLORADO WATER LAW FOR LANDOWNERS, REALTORS & OTHER..<; J, L'ITRODUCTION TP COLORADO WATER LAW A. The Colorado'Prior Appropriation System 1, The CQlorado system is founded in the state constitution which provides, in part, filat the water of all natural streams is the property of the public dedicated to use by the people and subject to appropriation. 2, COlorado's pdor appropriation system operates such that the fIrst person to appropnate water and apply the water to beneficial use has the flIst right to use the water from that source. · The owner of a senior water right is entitled to fully satisfy that right before a junior may divert any water at all, B. Characteristics>of Water Rights 1. A water l'ight is a right to use a certain portion of the waters of the state in accordlince with its priority by reason of appropriation of that water. · A water right is created by diverting water and applying it to beneficial use, · A water right Is confirmed by court decree. · Court adjudication provides the value of priority for the water right. 2. A water right is a propertY right which is severable from the land and is transferable like real property, 3, Conditional vs. Absolute Water Rights · An absolute water right is a water right which has been exercised and the water actually applied to beneficial use, · A conditional water right is a right to obtain an absolute water right \'Vith a certain priority upon completion with reasonable diligence of the ~ppropriation upon which the water right is based, E In order to obtain a decree for a conditional water right, the claimant must prove: (1) nonspeculative need for the water within a reasonable period of time; (2) water availability; and (3) project feasibility.