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<br />......"~...'..,..-"'''','-'.'.. <br /> <br />Water may be appropriated either for approval. Because changes of agricultural ditch to allow only 40% of the aquifer to be dewatered <br />direct diversion in ditches or pipes or for storage and reservoir rights to municipal use are fairly in 25 years. <br />in reservoirs. To physically divert the water that common, it is fairly common to see disputes Wells located outside designated <br />has been appropriated, a system of storage over whether a transfer of water will affect the groundwater aquifers are pennitted based on an <br />facilities (reservoirs) and delivery channels supply available to owners of decreed water aquifer life of 100 years. Penn its to use such <br />(pipes or ditches) must be built - a costly rights. water are restricted to the water underlying the <br />enterprise. Often this may be handled through a land owned by the applicant or with the consent <br />water company or district. Shares in the of its owners. In 1985 S.B. 5 defined nontributary <br />company will be held by the water users, and GROUNDWATER LAW groundwater as groundwater, outside of any <br />they may be bought and sold. These shares vary Laws governing groundwater are of designated groundwater basins, the withdrawal <br />in size from one company to another, and in relatively recent origin in Colorado. The first of which will not in 100 years deplete the flow at <br />price according to how many acres of land a water wells used were in the Denver area, and an annual rate greater than one-1enth of one <br />share will water and how reliable the water their pressure was soon depleted. In the eastern percent of the annual rate of withdrawal. <br />source is. The price of one share may be $300 plains where most of the underground water lies, S.B. 5, instead of regarding this water as <br />or $10,000 with annual fees added for the use well development was very slow, first because the property of the state, vested rights to <br />of the facilities, for maintenance and for the the population grew slowly, and th(3h because nontributary groundwater toJh~overlying <br />services of the ditch rider who turns the water irrigatedagrlcLJlture was not yet common. Now, landowner. Thus, it will not be administered <br />into each fanner's ditch then turns it off when the however, thousands of deep wells are in use, according to the doctrine of prior appropriation <br />proper amount has been delivered. lowering the water level. as are surface and tributary groundwaters. The <br />In Colorado, water rights are considered In 1957 Colorado passed its first annual amount of withdrawal will be detennined <br />private real property much as land and buildings groundwater act which required only well by a water court decree based on the amount of <br />are property. Water rights can be sold or registration. In 1965 the first serious legislation water underlying the landowner's property. <br /> <br />~_._~~~:~~~~:~~:~:==~o_.. "'-;~~'\~r~:~~~;~~~.~:r?:~~~~~~-"""""""'~~~4~~~~~~~a~t~~?~N~finft1~;lI-~f~~hir"'"""""" <br /> <br />attached to a given piece of land and may be groundwater basins, and authorized some local injury. <br />transferred to another area with certain regulation through local management districts. Applications for a water well pennit must <br />limitations. Numerous designated groundwater basins and give exact data as to the amount used and the <br />Water rights are always in demand. The local management districts have been formed in place of use. When the well is completed, a <br />owner may sell his water without his land or use eastern Colorado. report must be made and certified as to the <br />it as collateral for a loan. The increasing demand Designated groundwater is regulated on pumping rate (usually gallons per minute). <br />for water by urban areas has prompted many the basis of a modified appropriation doctrine, The legislature reserved to itself the right <br />sales of agricultural water to cities. where first in right is still first in time, but in which to impose limitations on the exercise of the <br />Any water right can be changed from one drawdown of water levels must be tolerated. The vested water rights created by S.B. 5 for <br />type of use to another or from one place to basic policy is that of allowing the mining of preventing waste, promoting beneficial use and <br />another, but only so long as no other water right designated groundwater. The specific rule requiring conservation, if at some future date <br />is injured. Such changes require water court developed by the groundwater commission is they find it necessary to take such action. <br /> <br />Page 17 <br />