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<br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Shallow ground water that is hydraulically connected to the surface <br />system i.s defined as "tri.butary'" water! and is admi.nistered under the <br />priority system, To protect the right of tributary wells to pump, it <br />is necessary to adjudicate their priorities in the same manner as a <br />surface appropriation, If it can be shown that the source of water <br />supplying a well is"non-tributary" it is not subject to administration <br />under the priority doctrine. The State Engineer, however, must grant <br />a permit for all wells before they are drilled and can limit the rate <br />and volume of water withdrawn, In some cases, the State can also <br />limit or restrict the location of wells. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Changes and Transfers <br /> <br />In Colorado, water rights are treated as real <br /> <br />The <br /> <br />separately from <br />sale of a water <br /> <br />the land to <br /> <br />property and may be <br />which they may be <br /> <br />purchased or sold <br /> <br />appurtenant. <br /> <br />right is not as simple as the sale <br /> <br />of a car or a parcel of land, however, for the following reasons: <br /> <br />Junior water rights in return flow must be protected. This <br />means a senior appropriator cannot transfer his water right <br />and thereby reduce or cut off the supply of juniors. <br /> <br />Inadequacy of records and poor administration of water rights. <br />Records of water rights are inadequate in two respects: some <br />rights to use water do not appear on record and some claims <br />that do appear are not legally enforceable because of aban- <br />donment or forfeiture. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Water rights may be transferred from one location to another, and the <br /> <br /> <br />use to which the water is put, in some cases, may be changed. The <br /> <br /> <br />transfer or change is, however, subject to limitations necessary to <br /> <br /> <br />protect the rights of other appropriators. <br /> <br />Augmentation Plans <br /> <br />The Water Right Determination and Administration Act of 1969 provides <br /> <br /> <br />a tool whereby complex water use projects and proposals can be reviewed <br /> <br /> <br />by the court and a decree of approval granted, The technique is called <br /> <br /> <br />a Plan of Augmentation and provides for legal recognition of total <br /> <br /> <br />water supply systems. Some concepts that have been considered as part <br /> <br /> <br />of augmentation plans include: pumping tributary ground water during <br /> <br />Iv-4 <br />