Laserfiche WebLink
<br />, <br /> <br />When a water right is transferred, the amount of water <br /> <br />actually used beneficially (for example, the historic consumptive <br />use of an agricultural water right) is subject to quantification <br />in the process of determining the actual amount of water which <br />can be transferred while retaining that right's priority <br />vis-a-vis all other water rights." <br /> <br />Many western states have adopted permit systems whereunder <br /> <br />a government board or official determines the amount of <br /> <br />unappropriated water available for appropriation, reviews the <br />proposed beneficial use of the applicant, and issues a water <br />permit in accordance with public interest criteria, preserving <br />the priority of pre-existing uses." Colorado employs a judicial <br /> <br />system of seven water courts, each comprising jurisdiction over a <br /> <br />major watershed within the state, to adjudicate by written decree <br /> <br />the priority and quantity of perfected water rights and <br />conditional water rights. Conditional water rights function to <br />hold a priority for a beneficial use while the works necessary to <br />perfect the use are being pursued with reasonable diligence.1O <br />A change of water right from its prior use (for example, in <br />the timing of diversion or storage, or the place of use) is <br />subject to a noticed change proceeding to identify how the water <br /> <br />" See Pueblo West Metrooolitan <br />Colorado Water Conservancy District, <br />1986) . <br /> <br />District v. Southeastern <br />717 P.2d 955, 959 (Colo. <br /> <br />9 A. Dan Tarlock, Law of Water Rights and Resources, suora, at <br />S 5.05[2], p. 5-21. <br /> <br />10 See Colorado's Adjudication and Administration statute, <br />C.R.S. S37-92-101, et. sea. <br /> <br />4 <br />