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<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 />I <br />I <br />I <br /> <br />Average annual water consumptive uses for municipal and industrial purposes <br /> <br /> <br />are only a fraction of the estimated consumptive use for irrigation. For <br /> <br /> <br />example, as of 1970, the average annual consumption for municipal and <br /> <br />industrial uses in the basin totaled 164,000 acre-feet (U.S. Department of <br /> <br /> <br />the Interior, 1974). By 1979, average annual consumption by municipal and <br /> <br /> <br />industrial uses had increased to an estimated 227,000 acre-feet in the <br /> <br /> <br />basin (John Huyler, personal communication, Colorado Water COnservation <br /> <br /> <br />Board, June 19B1). Average annual consumptive use for other uses totaled <br /> <br />41,000 acre-feet for 1979 conditions; these include recreation and fish and <br /> <br /> <br />wildlife water uses {John Huyler, personal communication, Colorado Water <br /> <br />Conservation Board, June 1981). <br /> <br />Water Rights <br /> <br />Surface Water <br /> <br />Colorado follows the system of water law known as the doctrine of prior <br /> <br /> <br />appropriation. This system is based upon the "imperative necessity" of <br /> <br /> <br />irrigation in the arid west. Under the Colorado Constitution, the waters <br /> <br /> <br />of natural streams are the property of the public and subject to appropria- <br /> <br />tion. The basic tenet of the appropriation doctrine is that "first in <br /> <br /> <br />time--first in right. II <br /> <br />II. water right is acquired by applying water to beneficial use. However, a <br /> <br />claimant who establishes a firm intent to appropriate water which is <br /> <br /> <br />accompanied by some physical demonstration of the intent is, upon <br /> <br /> <br />completion of the appropriation with reasonable diligence, entitled to <br /> <br />"relate back" his priority to the date the first step was taken, thereby <br /> <br /> <br />giving notice of intent to appropriate. Beneficial uses include, but are <br /> <br /> <br />not limited to, domestic, agricultural, industrial, and municipal purposes <br /> <br /> <br />and may involve water storage for any of these purposes. A court decree is <br /> <br />not necessary to obtain a water right. The date on which an appropriation <br /> <br />is made establishes its priority. However, failure to adjudicate a water <br /> <br />-43- <br />