PUB00056

• Year: 2001
• Title: Conference Proceedings: 26th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the conference was Who's in Charge?
• Publications - Doc Type: Other

JUL, 13,2001 12: 17PM

LEAVENWORTH & KARP

NO, 992

r 6

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· ,'There is a 6O-day period for filing statements of opposition;
· The matter is referred to the water referee;
· If the matter is contested, it may be re-referred to the water judge;
· The end result is the entry of a decree either denying the application or
granting the application by confirming the water right, establishing its
pl'iority and determining the various parameters of the water right.

D. Determination jof Priority

1. Courts )ldjudicate a water right by confirming that an appropriation bas been
made a(1d establishiug the date of appropriation of the water right.

2, The dat~ of appropriation is the day on which the appropriation was initiated.

3. The pri~rity of a water right is derived from a combination of the adjudication
date an4 the appropriation date:
· All water rights adjudicated in a given year are junior to those water
~ghts adjudicated in previous years.
· },\S between water rights a4judicated in the same year. the date of
~ppropriation controls,
· 'the "year of adjudication" is the year in which the application was
l!ued.

4. The "pqstponement doctrine" provides that a water right which has not been
adjudic*ed shall be junior to all water rights which have been adjudicated
regardl~ss of when the water right was appropriated,

E. Water Rights ~dministration

1. The Colprado State Engineer's Office administers the exercise of water right$
acCOrdlJtg to their priorities.
· the state engineer's tabulation of water rights facilitates that
a\:lmiJJistratlon.

2. Water c4mmissioners atlminister rights by curtailing diversions by junior water
right$ when senior water rights are not fully satisfied.

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