PROJ00001

• Contract/PO #: C153168
• Contractor Name: Delta, City of
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Feasibility Study

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General

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The State of Colorado, like most western states, has establish-
ed the use of water in accordance with the Doctrine of Prior
Appropriation. The appropriation doctrine is based on the philosophy
and Colorado custom of "first-in-time, first-in-right." The holder of
a water right is assured of his full appropriative supply, in order
of priority, whenever the water is available.

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The right to use water under this doctrine is not necessarily
attached to the land on which the water is used and transfers
to another area, and/or changes in character of use, may be
allowed with certain limitations. The owner of a water right
cannot increase the decreed amount or change the character of
use of a water right if other appropriators with later priorities
can prove that such changes will be detrimental to their junior
decreed water rights.

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A right to use water is obtained by showing to the satisfaction
of the district court that water, which has not already been
appropriated, has been or will be put to beneficial use in accordance
with procedures set forth in the Colorado Constitution, State
Statutes, and judicial pronouncements. In a favorable ruling, the
court will award a decree establishing the date on which the
appropriation was originally made.

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A right to divert water which is being physically used
is an "absolute" decree. If the water for which the right is
sought is not being diverted, the decree is "conditional." In
order to continue a conditional decree, the owner must periodically
demonstrate to the court that some form of work towards development
of facilities to eventually use the water has been performed.
Every four years until the right is decreed final, the owner must
file an application for quadrennial finding of reasonable diligence
with the water clerk to maintain a conditional decree. Water
rights in Colorado are considered private real property and can be
sold or inherited, independent of other real property.

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For almost three quarters of a century, officials of the
City of Delta have been acquiring water rights on Grand Mesa
in an effort to provide reasonable assurance of a dependable
water supply each year. The main advantage of owning water rights
on Grand Mesa is that the water which flows from its springs
is relatively clean and pure and does not require extensive treat-
ment. The Grand Mesa water rights that have been acquired by the City
are almost all located on three tributaries to Forked Tongue Creek, a

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