BOARD01483

• Board Meeting Date: 7/24/2000
• Description: ISF Section - Recreational Instream Flows - Policy Discussion
• Board Meetings - Doc Type: Memo

830 P.2d 915, City of Thornton By and Through Utilities Bd, v. City of Fort Collins, (Colo. 1992)

applicant's city council was not relevant act, for
purposes of first step test for appropriation of
conditional water right, where nothing in plan
indicated that legal appropriation of water was
required to implement plan. and thus plan could not
have placed interested parties on notice that
applicant intended to appropriate water. West's
C,R.S.A. S 37-92-103(3)(a).

19.WATERS AND WATER COURSES <P139
405
405VI Appropriation and Prescription
405kl39 Time of vesting of rights under
appropriation.
Colo. 1992.
For purposes of first step test for appropriation of
conditional water right, field trip taken by
applicant's staff members to prospective site of one
of two diversionary structures to be constructed by
applicant neither manifested intent to appropriate
water nor performed any other required function.

20.WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription
405kl33 Proceedings to effect and character
and elements of appropriation in
general.

Colo. 1992.
Under Water Right Determination and
Administration Act, water can be appropriated either
by diverting water or otherwise controlling it. and
application for conditional water right may be
adjudicated if either diversion of water or control of
water is established, assuming that resultant use is
beneficial. West's C.R.S.A. S 37-92-305(9)(b).

21.WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription
405k133 Proceedings to effect and character
and elements of appropriation in
general.

Colo. 1992,
In order to effect diversion under Water Right
Determination and Administration Act, water must
either be removed or controlled. West's C.R.S.A. S
37-92-103(7).

22.WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription
405kl33 Proceedings to effect and character

Page 4

and elements of appropriation in
general.

Colo. 1992,
Under Water Right Determination and
Administration Act, "removal" is accomplished by
taking water from its natural course or location,
while "control" is exercised over water in its natural
course or location. West's C,R.S.A. S 37-92-101 et
seq.

See publication Words and Phrases for other judicial
constructions and definitions.

23,WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription
405kl33 Proceedings to effect and character
and elements of appropriation in
general.

Colo, 1992.
Controlling water within its natural course of
location by some structure or device for beneficial
use may result in valid appropriation under Water
Right Determination and Administration Act.
West's C.R.S.A. S 37-92-101 et seq.

24.WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription
405kl33 Proceedings to effect and character
and elements of appropriation in
general.
Colo, 1992.
Under Water Right Determination and
Administration Act, water may be "appropriated" by
structure which either removes water away from its
natural course or which controls water "915 within
its natural course, assuming such action puts water
to beneficial use, and even though control of water
within its natural course by means of structure may
effect result which is similar to minimum flow,
appropriation is not automatically invalid under Act;
when application of water to beneficial use is
effected by structure, resulting appropriation is by
"diversion" within meaning of Act. West's
C.R,S.A. S 37-92-101 et seq.

See publication Words and Phrases for other judicial
constructions and definitions.

25.WATERS AND WATER COURSES <P133
405
405VI Appropriation and Prescription

Copyright (c) West Group 1999 No claim to original U.S. Govt. works

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