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<br />I <br /> <br />1 <br /> <br />1 <br /> <br />CHAPTER VI <br />WATER RIGHTS <br /> <br />.1 <br /> <br />1 <br /> <br />A. General <br /> <br />1 <br /> <br />Colorado water laws are based 00 the Doctrine of Prior Appropriation. <br /> <br /> <br />Simply stated this means, first in time is first in right. In general, water <br /> <br /> <br />law is comprised of two separate bodies of law: <br /> <br />1 <br /> <br />I <br /> <br />(1) Those laws that deal with ,he definition of the property right in <br />the use of water. <br /> <br />I <br /> <br />(2) Those laws that create org~nizations for the administration of water <br /> <br /> <br />rights and the development and management of water resources. <br /> <br /> <br />The courts establish and grant a priority date for each water right. This <br /> <br /> <br />date is used to establish the priority of the said water right on the stream <br /> <br /> <br />system. In the Bear Creek watersheo (Water District No.9), the earliest water <br /> <br /> <br />right is granted to McBroom Ditch for 11.58 cfs and has a priority date of <br /> <br /> <br />November 1, 1859. During periods of inadequate water supplies, diversions by <br /> <br /> <br />junior water rights are curtailed. <br /> <br />I <br /> <br />1 <br /> <br />I <br /> <br />Water pumped from the district's four wells is considered tributary to the <br /> <br /> <br />South Platte River system. Thus, it is regulated in the same manner and accor- <br /> <br /> <br />ding to the same priorities as is surface water. <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />B. Present Water Rights <br /> <br />I <br /> <br />The water rights owned by the Brook Forest Water District currently are <br />as follows: <br /> <br />I <br /> <br />Priority Date: <br />Pumping Rate: <br />Annual Volume: <br /> <br />September 14, 1964 <br />28 gpm Maximum <br />45.2 Acre-feet <br /> <br />I <br /> <br />I <br /> <br />-23- <br />