WSPC05058

• File Number: 8040.950
• Description: Section D General Studies - General Water Studies
• State: CO
• Basin: Statewide
• Date: 7/25/1978
• Author: Unknown
• Title: Draft Publication for Water Study
• Water Supply Pro - Doc Type: Report/Study

OD1373

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see fit, provided only that senior (i.e., earlier priority) water rights

are not injured. By the same token, purchasers of previously appropriated

water rights may transfer the water to such uses and places as they de-

sire, provided only that other vested ,water rights (both junior and senior

rights) are not injured.

The role of state government in the water rights system is rather

limited. On one hand, the courts serve as the forum for the adjudication

of water rights and for "change of water right" proceedings. As far as

the initial adjudication is concerned, the doctrine of prior appropria-

tion imposes only two requirements: there must be a taking of water, and

an application to a beneficial use. A taking is normally a diversion

from the stream, and "beneficial use" has been defined to mean almost

any domestic, agricultural, industrial, or municipal use, but does

not include instream uses of water, unless appropriations or purchases

of water for that purpose are made by the State of Colorado.* The

courts also determine whether appropriators have exercised "due diligence"

in their efforts to perfect conditional water rights granted by the

court. Generally speaking, the due diligence standard is that rea-

sonable progress must be shown in the financing, construction, and

completion in whole or in part of a project.

*The statute authorizing the state to appropriate waters for
minimum flow purposes was passed in 1973. As a consequence, any
appropriation thereunder is of extreme junior priority. Secondly,
the constitutionality of the 1973 law was recently upheld in
state district court, but the decision is on appeal to the Colorado
Supreme Court.

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