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<br />I <br />I <br />1 <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />PART C. (CHAPTER IV) <br />WATER RIGHTS - GENERAL INFORMATION. <br /> <br />C1. COLORADO WATER LAW <br /> <br />Whenever water is diverted from a natural stream for <br />private or pUblic use, a water right must be established. <br />In Colorado, the diversion and use of water is <br />administered by the State under the Appropriation <br />Doctrine, which provides that the first in time is the <br />first is right, subject to the physical availability of <br />water and the ability to put it to beneficial use without <br />waste. The actual administration and distribution of <br />water is conducted through the office of the State <br />Engineer, which is subdivided into field offices headed <br />by a Division Engineer. Water Commissioners work under <br />the Division Engineer. The diversions are regulated on <br />the basis of priorities decreed by courts. The decree <br />specifies which water right has precedence if water is <br />limited, and the magnitude of diversion in terms of rate <br />of flow and/or by volume for storage rights. A senior <br />appropriator (i.e., one with an early date), whose right <br />is not satisfied, may call for water that is being <br />diverted by a junior right upstream. The Water <br />Commissioner then may close the junior headgate. <br /> <br />There are two categories of water rights in terms of time <br />and diversion to use. Direct flow rights are for water <br />diverted from the stream to a ditch and put to use more <br />or less promptly. Storage rights are for water diverted <br />from the flow or stream and stored in a reservoir to be <br />released for use at some later time. Water rights are <br />also classified as conditional and absolute. A <br />conditional decree is for water that a user intends to <br />appropriate but for which the diversion facility is not <br />completed. The water right becomes absolute when it is <br />first put to beneficial use. Conditional rights are <br />maintained by demonstrating diligence. <br /> <br />C2. DISCUSSION OF EXISTING WATER RIGHTS <br /> <br />1. General. <br /> <br />A summary of the water rights owned by the Town of <br />Norwood are listed in Table III-A. As can be seen, the <br />Town has three separate surface diversion rights (one on <br />the Farmers' Water Development ditch and two on the Town <br />of Norwood pipeline), and three separate subsurface <br />diversion rights (one on the Norwood infiltration <br /> <br />IV-1S <br />