WSPC00167

• File Number: 8040.950
• Description: Section D General Studies - General Water Studies
• State: CO
• Basin: Statewide
• Date: 7/1/1974
• Title: Report on Water for Energy in the Upper Colorado River Basin
• Water Supply Pro - Doc Type: Report/Study

001580

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Colorado - Colorado has a different water law system than the other four
states involved. The basic requirements for establishment of a Colorado
water right include the diversion of a specified amount from a body of
water at a specific point and application of the water to a beneficial
use. The other critical component is the time of priority which,
generally speaking, is the time when the project was conceived,
provided the project works are constructed and application to beneficial
use is accomplished with due diligence. The requirement as to due
diligence has generally been liberally construed.

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Colorado law has two types of water decrees -- absolute and conditional.
Absolute decrees are issued when all project works have been completed
and all other prerequisites to the granting of the right have been accom-
plished. Conditional decrees are issued on ,the basis of plans. There is
no time limit on converting conditional decrees to absolute decrees
aside from the requirement of due diligence.

In Colorado, water rights are generally transferable apart from the land
to which they are originally applied. In Colorado, water law is almost
completely committed to the judicial process for adjudication. The
State Engineer administers decreed water rights as established by court
proceedings. In addition, the court procedures have no safeguard to
prevent the granting of new water rights save the adversary litigative
process. The result is that although a stream may be overappropriated
by prior decrees, a party can still obtain a junior adjudicated water
right with a current priority date in the anticipation that it might be
used when other senior rights are not utilizing the full flow of the
stream, or if the senior rights are abandoned, etc. This factor
contributes substantially to the fact that most streams in Colorado,
including all those in the Colorado River Basin, are over appropriated
in terms of absolute and conditional decrees. The Upper Basin Compact
of 1948 apportions to Colorado 51.75 percent of the amount allotted to
the Upper Basin States.

New Mexico - The Upper Basin Compact of 1948 apportioned to New Mexico
11.25 percent of the amount apportioned to the Upper Basin

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New Mexico is a prior appropriation state. The underground and surface
waters of the state belong to the public and are subject to appropriation
in accordance with law. Since 1907, all new appropriations and all changes
in point of diversion, or place or purpose of use of public surface
waters have required a permit from the State Engineer, as have all new
appropriations, or transfers of vested rights in undergound waters within
declared groundwater basins. Groundwater outside of the declared
basins may be appropriated without a permit from the State Engineer.
Before a permit is granted, the law requires the filing of an application,

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