Laserfiche WebLink
<br />, <br /> <br /> <br />KEN SALAZAR <br />Attorney General <br />CHRISTINE M. ARGUELLO <br />Chier Deputy Attorney General <br /> <br />ALAN J. GILBERT <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver~ Colorado 80203 <br />Phone 303),866-4500 <br />FAX 303) 866-5691 <br /> <br />OFFICE OF THE ArrORNEY GENERAL <br /> <br />November 1, 2002 <br /> <br />Roderick Walston <br />Deputy Solicitor <br />Department ofthe Interior <br />18th & C Street, NW <br />VVashington,D.C.20240 <br /> <br />RE: State law alternatives to federal reserved rights, <br />Dear Rod: <br /> <br />I am writing in response to your request for a description of state law mechanisms that could <br />serve as alternatives to federal reserved water rights. <br /> <br />Colorado is an adjudication state in which water rights are confirmed by water judges, who, ' <br />preside over monthly proceedings. See generally Water Right Determination and Administration <br />Act of1969, ~ ~ 37-92-101- 602, C.R.S. (2002); United States v. Dist. Court for Water Dfv.:5, <br />401 U.S. 527 (1971). There are seven water divisions in the state, each corresponding to one'of <br />the seven major river basins that originate in Colorado. S 37-92-201 (I), C.R.S. (2002). Each <br />water division has a water judge with exclusive jurisdiction over water matters within that <br />division. S 37-92-203(1), C.R.S. (2002). Colorado's system allows any person who desires a <br />determination of a water right to apply for such a determination at any time. S 37-92-302(1), <br />C.R.S. (2002). In addition, a person seeking to construct a well must apply to the Colorado State <br />Engineer for a well permit. S 37-90-137, C.R.S. (2002)., Federal agencies may, and frequently <br />do, utilize state procedures to apply for appropriative water rights. <br /> <br />With one exception, an appropriation under Colorado law requires that water be diverted from its <br />natural course or controlled in its natural course by means of a structure or device. S 37-92- <br />103(3), (4), & (7), C.R.S. (2002). The exception is that the Colorado Water Conservation Board <br />(CWCB) may appropriate instream flows or natural lake levels or volumes to preserve the <br />natural environment to a reasonable degree and may also acquire water and water rights for that <br />purpose. S 37-92-102(3), C.R.S. (2002). Under Colorado law, the CWCB has the exclusive <br />authority to make such appropriations. !d. <br /> <br />In 1986, in order to encourage federal agencies to rely on state law, the General Assembly <br />amended S 37-92-102(3) to require the CWCB, prior to initiating an appropriation or acquisition <br />for an instream flow or natural lake, to "request recommendations from the United States <br />