Laserfiche WebLink
<br />OD2153 <br /> <br />The Judicial framework In Colorado under which water is adjudicated <br />and admlnistered.--Thls framework uses as its basic premise the doctrine <br />of prior appropriation (Huston, 1893), which may be described succinctly <br />as, "first in time, first in right." <br /> <br />The administrative procedures and practices that govern .the day-to- <br />day distribution of water, not only when there is a sufficient supply of <br />water, but more important.1y during those times when there is an <br />insufficient supply of water to meet all demands for water. <br /> <br />The influence and constraints applied through Federal legislation <br />and judicial proceedings, Interstate compacts, and the reluctance of <br />Federal agencies to quantify water needs in accordance with the "Federal <br />Reserved Rights Doctrine" (Trelease, 1971). <br /> <br />The Intent of this discussion is to provide the reader with information <br />regarding the legal availability of both surface and ground water from the <br />point of view of the State Engineer as the sole adminIstrator of water rights <br />in the Colorado part of the Yampa River basin. <br /> <br />LEGAL AND INSTITUTIDNAL CONSTRAINTS <br /> <br />Colorado Water Law <br /> <br />Colorado water law is a combination of constitutionally recognized <br />rights, State statutes, water-rights decrees, administrative practice, and <br />case law as developed through I itigation (Radosevich and others, 1973; 1975). <br />The two constitutional provisions pertinent to this discussion are Sections 5 <br />and 6 of Article XVI of the Constitution of the State of Colorado relating to <br />Mining and Irrigation. <br /> <br />Section 5 states: <br />"Water of streams publ ic property. - The water of every natural <br />stream, not heretofore appropriated, within the State of Colorado, is <br />hereby declared to be the property of the public, and the same is <br />dedicated to the use of the people of the State, subject to appropriation <br />as hereinafter provided." <br /> <br />.~ <br /> <br />Section 6 states: <br />"Diverting unappropriated water-priority preferred uses. - The right <br />to divert the unappropriated waters of any natural stream to beneficial <br />uses shall never be denied. Priority of appropriation shall give the <br />better right as between those using the water for the same purpose; but <br />when the waters of any natural stream are not sufficient for the service <br />of all those desiring the use of the same, those using the water for <br />domestic purposes shall have the preference over those claiming for any <br />other purpose, and those using the water for agricultural purpose shall <br />have preference over those using the same for manufacturing purpose." <br /> <br />~; <br /> <br />3 <br />