PUB00105

• Year: 1999
• Title: Conference Proceedings: 24th Annual Gunnison Water Workshop
• CWCB Section: Administration
• Description: Theme of the workshop was Garden of Dreams v. High-Desert Reality
• Publications - Doc Type: Other

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III.

The Determination of Priority

A. A "priority" is defined by statute as "the seniority by date as of which a water right
is entitled to use or conditional water right will be entitled to use and the relative
seniority of a water right or conditional water right in relation to other water rights
and conditional water rights deriving their supply from a common source." c.R.S.
S 37-92-103(10).

B. The water court confirms that an appropriation has been made and establishes the
priority ofa water right by adjudication ofthe right. C.R.S. 937-92-301(2).

C. The "postponement doctrine" provides that a water right that has not been
adjudicated shall be junior to all water rights that have been adjudicated, regardless
of when the water right was created. C.R.S. S 37-92-306.

D. Priority depends on the dates of adjudication and appropriation. C.R.S. S 37-92-306.

I. For pre-1969 Act adjudications, all water rights adjudicated in a given
proceeding are junior to those adjudicated in earlier proceedings.

2. Under the 1969 Act, all water rights adjudicated in a given year are junior to
those water rights adjudicated in previous years.

3. As between water rights adjudicated in the same year (or, for pre-1969 Act
water rights, in the same proceeding), the date of appropriation determines
relative priority.

E. The date of appropriation is the date on which there is a coexistence of an intent to
appropriate and an open physical act sufficient to provide notice of intent to
appropriate. Colorado River Water Conservation Dist. v. Vidler Tunnel Water Co.,
594 P.2d 566 (Colo. 1979).

IV.

Adjudication of a Water Right

A. An adjudication confirms the existence of a water right; it does not create it.
Application of Turkey Canon Ranch. LLC, 937 P.2d 739 (Colo. 1997).

B. Colorado has seven water divisions, based on water basins. C.R.S. S 37-92-201.

Division 1:
Division 2:
Division 3:
Division 4:

South Platte River Basin
Arkansas River Basin
Rio Grande River Basin
Gunnison River Basin