WSP03745

• File Number: 8111.815
• Description: Arkansas River Compact Administration
• Basin: Arkansas
• Date: 4/1/1990
• Author: UCACOE
• Title: Drought Contingency Plan - John Martin and Trinidad Lake - Appendix D
• Water Supply Pro - Doc Type: Publication

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SECTION VI- CONSTRAINTS.

6-01. LegaL

a. State Water Law. Colorado adheres to a theory of water rights which
is termed "Prior Appropriation Doctrine". The water rights under state law
depend principally on the legal doctrine of prior appropriation. Rights to use
water flowing in streams depend on acquiring a decree from the court. The state
is the legal owner of all surface water, which it holds in trust for the public.
Individuals can receive decree from the courts to utilize surface water for
specific purposes and must put this water to a beneficial use.

Kansas adheres to two theories of water rights which are termed "Prior
Appropriation Rights" and "Riparian Rights". Kansas water rights are inherently
established by quantity, rather than solely by the rate of diversion. Kansas
water rights established prior to 1945 (Kansas Water Appropriation Act) are
equally vested and not decreed by priority dates unless specifically adjudicated
by the court system.

The surface water supply in the Arkansas River Basin is presently fully
appropriated. There are no additional waters available for appropriation.

1. Colorado Statutes: The following paragraphs provide a brief
encapsulation of Colorado statutes applicable to drought contingency.

(a) The state engineer shall be responsible for the administration
and distribution of the waters of the state. In each division such
administration and distribution shall be accomplished through the offices of the
Division Engineer as specified in section 37-92-301, C.R.S. 1973.

Under C.R.S. 1973, 37-92-502, the Division Engineer is authorized to issue
orders for discontinuance of any diversion (junior priority rights) to the extent
the water is required by persons having senior priority rights.

(b) Authorization for use of water for emere.:encv Durnoses. An
app11cant who seeks to change a use or transfer a right for emergency purposes
must apply to the appropriate administrative body or court for approval. Other
users may contest the change on the grounds that it will injure their water
rights. In order to allocate water fairly to holders of state created rights,
when drought conditions prevail, state officials provide water to those right
holders who made the earliest appropriations for beneficial use.

(c) Determination of Needs. The State Engineer is charged by
statute with the responsibility for surface water administration and compiling
information pertaining to availability of water, as related to usage. The
Colorado Water Conservation Bo'ard was also created by statute to aid in the
protection and development of state waters in order to secure the greatest
utilization of such waters.

(d) Water Transfers. Once a water right has been granted, it has
the status of a vested property right, assuming that water is consistently used
in accordance with terms of the permit, it can be sold , leased, or traded

6-1