FLOOD00213

• County: Statewide
• Community: State of Colorado
• Title: Water Rights Determination Systems Study CWCB
• Date: 5/6/1988
• Floodplain - Doc Type: Educational/Technical/Reference Information

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percent were approved. Only 13 applications were denied. The
largest number of change applications were filed in Division One
which encompases the South Platte River drainage and includes the
most populated area of the state. The next most active area was
in Division 5, that area of. western Colorado encompassing the
mainstem of the Colorado River.
The total amount of water transferred by applications filed
during this 10 year period and approved by the court was about
5,900 cubic feet per second (cfs) and 4l,OOO acre feet (af) (see
Table 2). Of this 5,900 cfs, almost 2,000 involved the transfer
of a single conditional right. It is not possibl~ to convert the
remaining 3,900 cfs into a volumetric figure from the decrees
because no time period is provided in most cases. As shown in
Table 3, most decrees involved the transfer of one cfs or less.
The pattern of change is heavily from agricultural use to
nonagricultural use. As shown in Table 4, about 76 percent of
the decrees involved transfer from agricultural use to non-
agricultural use. A significant portion (about 44 percent) of
transfer decrees were involved in plans for augmentation (see
Table 5).
About 46 percent of the decrees approving applications for
transfers between 1975 and 1984 issued within a year of the date
of application (see Table 6). About 28 percent required between
one and two years. About 26 percent required more than two
years. About 55 percent of the cases approving applications
between 1975 and 1984 involved at least one protest (see Table
7) .

Issues for Consideration
The case studies yet to be undertaken should provide us with
an opportunity to consider a number of specific issues regarding
the transfer process. We will look closely at the new uses for
which the water is sought, the process used to evaluate injury,
terms and conditions applied, the manner in which settlement was
reached, and some general estimates of the transactions costs
involved. We will consider the effectiveness of the process in
facilitating transfers while protecting other important
interests. We will consider who bears the costs in these trans-
fers and whether there are options to the present approach which
might reduce unnecessary costs. We will consider if there are
factors presently not accounted for in the transfer proceeding
which should be addressed.

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