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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V.

Water Right Administration

A. The state engineer and division engineers administer the exercise of water rights
according to their priority. C.R.S. S 37-92-301(3); SS 37-92-501 to -504.

B. The state engineer and division engineers administer water rights by curtailing
diversions by junior water right holders when senior water rights are not fully
satisfied. C.R.S. SS 37-92-501.5, -502.

C. The state engineer's biennial tabulation of water rights facilitates administration. See
C.R.S. SS 37-92-401, -402.

VI.

Historical Use

A. The decree sets forth the initial parameters of a water right, but over time the water
right is defined by the manner in which it is used. See Green v. Chaffee Ditch Co.,
371 P.2d 775 (Colo. 1965); Weibeli v. Rothe Bros., 618 P.2d 1367 (Colo. 1980).

B. Water rights can only be changed or transferred to the extent of their historical use.
See Southeastern Colo. Water Conservancy Dist. v. Rich, 625 P.2d 977 (Colo. 1981).

C. Intent to abandon a water right may be inferred where the water right has not been
used for an unreasonable period of time. C.R.S. S 37-92-103(2); Denver v. Snake
River Water District, 788 P.2d 772 (Colo. 1990).

D. Abandonment lists are prepared decennially by the division engineers. See C.R.S.
SS 37-92-401, -402.

VII.

Types of Water Rights

A. Conditional vs. Absolute Water Rights:

1. An absolute water right is a water right that has been exercised and the water
actually applied to beneficial use. C.R.S. S 37-92-103(12).

2. A conditional water right is the right to obtain an absolute water right with
a certain priority upon completion with reasonable diligence of the
appropriation upon which the waterright is based. C.R.S. S 37-92-103(6).

3. The "doctrine of relation back" allows the owner ofa conditional water right
to maintain the original appropriation date once the water right is made
absolute. Rocky Mt. Power Co. v. Colorado River Water Conservation Dist.,
646 P.2d 383 (Colo. 1982).