PROJ00152

• Contract/PO #: C153620
• Contractor Name: Clinton Ditch and Reservoir Company
• Contract Type: Loan
• Water District: 36
• County: Summit
• Bill Number: SB 90-87
• Loan Projects - Doc Type: Feasibility Study

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includes minimum streamflows "required to preserve the

natural environment to a reasonable degree" (section 114) as

a beneficial use. The law did not place instream rights

as the senior right, but rather a 1969 (or later depending

on the filing/quantification date) priority date. This means

senior users (first in time of use) with a pre-1969 priority

may dry up a stream. Instream rights are generally

applicable only when a senior sells or transfers a priority,

the new priority being junior to instream flow rights.

An appropriator may apply for a court decree for water

at the time of project complecionor may apply for a

conditional decree before beginning a project. The date of

the priority is related back co the date of intent. This is

called the relation back doctrine. "The priority date is

based on evidence of when the intent was first manifested"

(Getches, 1984, p. 94). The recipient of a conditional

decree must also "proceed with due diligence to divert the

water" (Getches, 1984, p. 94).

In Colorado, the appropriator may not impair other

)tsers.
'effects

With the no-injury (and more loosely, third party

or external effects) rule, there are typically three

ways a junior (or senior) may be injured: change in water

use, change in quality of water, or change in the historical

date of application. All changes of use require an

application to the state, giving other users and the state

time for review. "The applicant carries the burden of

sustaining the application, including showing the absence of