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<br />Temporory C1uurges of Water Rights <br /> <br />Colorado law authorizes the temporary <br />loan or exchange of a water righL'" The <br />exchange or loan may only be between those <br />taking water from the same stream, and it <br />must be either. for the purpose of saving <br />crops or for using the water in a more <br />economical manner. There is no need to <br />obtain a court decree for such temporary loan <br />or exchange;" however, notice in writing must <br />be given to the division engineer including <br />the length of time for which the loan or <br />exchange is made." <br /> <br />Temporary changes also are limited by <br />the no injury requirement. In the event of a <br />challenge to a temporary loan or exchange, <br />the proponent of the temporary change must <br />affirmatively demonstrate that no injury will <br />result." <br /> <br />TransferabiJiJy of Special ~ of Water <br /> <br />The Colorado legal system has <br />managed to transform the physically uniform <br />substance of water into a sometimes <br />bewildering array of legally distinctive <br />categories. These legal distinctions can be <br />important in understanding Colorado water <br />transfer law. This section discusses <br />designated groundwater, nontributary <br />groundwater, imported water, salvaged water, <br />conditional rights, contract water, interstate <br />transfers, and tribal water. <br /> <br />Transf= of ~ Groundwater <br /> <br />The special statutory scheme that <br />applies to groundwater within Co]orado's <br />eight designated basins authorizes the change <br />in a permit right. 71 The specific changes <br />authorized include the acreage served, the <br />volume of appropriation," the place, time, or <br />type of use, and the well location. <br />Application for the change is made to the . <br />. Co]orado. Ground Water ComInission and <br />notice of the application and hearing is made <br />public." The change may only be granted <br /> <br />subject to 'such terms and conditions as will <br />not cause :ttatedal injury te the vested rights <br />of other appropriators."" <br /> <br />The injury standard governing a <br />change in a designated groundwater right is <br />the same' as that applying to other <br />appropriative water rights." Specifically, <br />possible increases in historical consumptive <br />use and reductions in return flows are to be <br />considered in determining if the change would <br />cause material injury.76 The policy expressed <br />by this standard is also the same: that a <br />change of a water right may be allowed only <br />when the change will not cause unreasonable <br />harm to a prior appropriator." <br /> <br />Under the Colorado Ground Water <br />Management Act, groundwater management <br />districts may be established." These districts <br />are authorized to regulate the use, control, <br />and conservation of the groundwater within <br />their area.'" Among the measures specified is <br />the power to prohibit the use of groundwater <br />outside the boundaries of the district where <br />such use materially affects the rights acquired <br />by permit by any owner or operator of land <br />within the district.'" <br /> <br />The case of Danielson v. VICkroyl <br />illustrates the relationship between designated <br />groundwater and other water in the context <br />of a change proceeding. Vickroy held a ditch <br />right for water diverted from Kiowa Creek, <br />an intermittent stream, and sought to change <br />the point of diversion to a well in the alluvial <br />aquifer underlying the creek in a water court <br />proceeding. The proposed well was within <br />the boundaries of a designated ground water <br />basin and a ground water management <br />district. The district objected to the change <br />on the basis that the ground water <br />commission had exclusive jurisdiction to <br />consider such an application. After reviewing <br />. the separate statutory schemes for designated <br />groundwater and other. appropriable water, <br />the Colorado Supreme Court concluded that <br />the creation of a designated basin places the <br /> <br />7 <br />