WSP04146

• File Number: 8442.400
• Description: Missouri Basin - Pick Sloan Project - Reports
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 10/1/1977
• Author: DoI, BoR
• Title: Pick-Sloan Missouri Basin Program Front Range Unit Longs Peak Division Colorado Status Report October 1977
• Water Supply Pro - Doc Type: Report/Study

right. These constitutional expressions of
the appropriation doctrine have been
supplemented by legislative declaration that
all waters of the State have always been and
are the property of the public, dedicated to
the use of the people, subject to
appropriation and use in accordance with
law. The doctrine applies only to the
relationship between the State and
individuals and/or organizations and does
not necessarily apply to the Federal water
rights or land.

Ownership of unappropriated water in
natural streams is in the public, subject to
appropriation. The appropriative right is
right to the use of the water, rather than
outright ownership, and is based on the
condition that the use is for beneficial
pu rposes.

Responsibility for water administration and
control in Colorado is divided between the
State Engineer and the judiciary. The State
Engineer is the executive officer of the
Division of Water Resources of the State
Department of Natural Resources. There is
one district judge designated as a water
judge for each of the seven water divisions
of the State.

The 1965 Ground Water Management Act
authorized the creation of "designated
ground water" basins within which ground
water not tributary to any natural stream is
administered according to a modified
version of the appropriation doctrine.
Designated ground water exists within the
geographic boundaries of a ground-water
basin and is so designated by the State
Ground Water Commission. No designated
ground-water basins exist in the Front Range
study area.

Tributary ground water includes what is
sometimes called seepage, underflow, or
percolating water if that water would
eventually become a part of a natural
stream. Tributary ground water is subject to
the 1969 Water Right Determination and
Administration Act. The act declared it the

policy of the State to integrate the
appropriation, use, and administration of
underground water with the use of surface
water in such a way as to maximize the
beneficial use of all the waters of the State.

The Water Right Determination and
Administration Act of 1969, pursuant to the
statutes of the State of Colorado,
established the appropriation of water for
recreation, including fishery or wildlife as a
beneficial use, to preserve the natural
environment to a reasonable degree. The
State of Colorado has made a number of
water right filings in accordance with Article
92 of this act for said preservation of the
environment.

The Colorado constitut'ion provides that
whenever the waters of any natural stream
are not sufficient, those using the waters for
domestic purposes shall have preference
over those claiming for any other purpose,
and those using the water for agricultural
purposes shall have preference over those
using the same for manufacturing purposes.
The courts have held that the preference is
not self-executing, but must be exercised by
condemnation. Through the condemnation
proceedings, a preferred user, or
condemner, is required to make just
compensation to the defendant whose right
is invalidated even though it be senior in
priority.

Waters used in the Front Range study area
originate in four watersheds, the tributaries
of the South Platte River, the Colorado River,
the North Platte River, and the Laramie
River. The State of Colorado in each of these
basins is a party to either an interstate
compact or a U.S. Supreme Court Decree.
These compacts or decrees are:

South Platte River Compact of 1923
Colorado River Compact of 1921
North Platte River Decree of 1952
Laramie River Decree of 1957

As the water use approaches the limits of
supplies allocated to Colorado, pressure will

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