Laserfiche WebLink
<br />The applicant for a conditional water right must show it has the <br />capability to complete the project with reasonable diligence and <br />put the claimed amount of water to a beneficial use, before it <br />can be awarded a conditional decree, Southeastern Colorado Water <br />Conservancy District v. City of Florence, 688 P.2d 715 (Colo. <br />1984); C.R.S. 37-92-103(3)(a) and 37-92-305(9). Every four years <br />the holder of a conditional water right must go through a <br />quadrennial due diligence proceeding to show that application to <br />beneficial use is actually being pursued; if not, the conditional <br />decree is cancelled, C.R.S. 37-92-301(4). <br /> <br />For purposes of administration, the appropriation takes <br />its place in the priority system when a decree is entered by one <br />of the seven Colorado water courts located in each of the State's <br />major river basins. Water rights are administered by the State <br />Engineer according to the year in which the application for the <br />water right was filed and, within that year, according to the <br />appropriation date, C.R.S. SS 37-92-301, 37-92-305, and <br />37-92-306. <br /> <br />A water rights decree specifies such information as the <br />point of diversion or storage, the amount of water to be diverted <br />or stored, the priority date, and the beneficial use or uses of <br />the water, C.R.S. S 37-92-304(7). Changes to a water right under <br />Colorado law include change of use, change in point of diversion <br />or storage, and change in place of use, C.R.S. SS 37-92-103(5) <br />and 37-92-302. A change of water right, whether a direct flpw or <br />storage right, is limited in amount to the historic consumptive <br />use which has been made for beneficial use under the right, <br />weibert v. Rothe Brothers, 200 Colo. 310, 316-317, 618 P.2d 1367 <br />(1980); Southeastern Colorado Water Conservancy District v. Fort <br />Lvon Canal Comoany, ____ P.2d ____ (Colo. No. 83SA502, announced <br />June 2, 1986). <br /> <br />"[O]nce an appropriator exercises his or her privilege <br />to change a water right, see S 37-92-302, the appropriator runs a <br /> <br />-6- <br />