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Last modified
11/23/2009 12:58:00 PM
Creation date
10/4/2006 10:31:45 PM
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Template:
Floodplain Documents
County
Statewide
Community
State of Colorado
Stream Name
All
Title
Institutional Roles and Water Marketing in Colorado and Western States
Date
9/26/1994
Prepared For
World Bank Group
Prepared By
Gergory Hobbs
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />the historic use of the water right, the timing and amount of <br />water diverted or stored and used, the place of use, the timing, <br />amount, and place of return flow, and the impact upon the supply <br />available to fill other water rights. Often the key to obtaining <br />a change decree is the inclusion of a condition requiring <br />relinquishment of part of the original decree, C.R.S. <br />37-92-305(4)(b), or a p~ovision for replacement water to be <br />supplied at the time and place and in the quantity necessary to <br />satisfy the potentially injured right, ~ Cache la poudre Water <br />Users' Association v. Glacier view Meadows, 191 Colo. 53, 63, <br />550 P.2d 288 (1976). <br /> <br />Municipalities have a year round need for water. <br />Agricultural water rights, on the other hand, particularly direct <br />diversion water rights, have priorities for the summer season. <br />Change of an agricultural water right to a municipal use, even <br />though municipal uses are generally less consumptive, ordinarily <br />involves resolution of :,ssues regarding the timing of diversions <br />and return flows in order to keep the river whole for other <br />appropriations. <br /> <br />Restrictions on transfers to alleviate material injury <br />to other water users are salutary. The absence of such <br />protections would promote theft of water and economic havoc. An <br />example of how the colorado change system works is Great Western <br />Suqar Company v. Jackson Lake Reservoir and Irriqation Company, <br />681 P.2d 484, 493 (Colo. 1984). In that case, Great Western <br />sugar Company owned a certain number of shares in a mutual ditch <br />company which in turn held shares to reservoir water. As a <br />shareholder in a mutual company, Great Western, not the ditch <br />company, was the actual owner of the water and was entitled to <br />delivery of the proportionate amount of water represented by its <br />shares, Jacobucci v. District court, 189 Colo. 380, 387-388, 541 <br />P.2d 667 (1975). <br /> <br />-9- <br />
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