WSP04565

• File Number: 8054
• Description: Water Salvage
• State: CO
• Basin: Statewide
• Date: 1/22/1992
• Author: CWCB
• Title: Analysis of Water Salvage Issues in Colorado and Appendix-Irrigation Salvage - Irrigation Water Salvage Issues in the Grand Valley of Colorado
• Water Supply Pro - Doc Type: Report/Study

IH','.Iq::;5
.,' _J !.' ~. ~" (

;~
r

.

1
2

37-82-107. Conserved agricultural water. The owner of
an absolute agricultural water right who employs methods to

3 use water from that water right more efficiently than it was

4 utilized prior to the effective date of this section shall be

5 entitled to utilize, sell, lease, exchange, or make available

6 for augmentation or substitute supply, for any beneficial use,
7 that amount of conserved water which is the quantitative
8 difference between the historic consumptive use of the right

9 and his lesser consumptive use, so long as a change of water

10 right decree is obtained pursuant to law before any change in

11 use of the conserved water is made. The change of water right

12 decree shall insure that such change will not injuriously

~13 affect the owner of, or persons entitled to use, water under a

I

14
15

vested water right or a decreed conditional water right. In

calculating the measure of conserved water for purposes of the

.16 change of water right decree, no amount of water shall be

17 included which historically constituted waste, after taking
18 into account and giving effect to the then prevailing and
19 accepted methods and norms for the agricultural water use.
20 This section shall not be construed to allow the use, sale,

21 lease, exchange, or use for augmentation or substitute supply
22 of any water of a ditch or reservoir company in derogation of

23

the articles of incorporation,

bylaws,

or contractual

24 arrangements of the ditch or reservoir company.

25

SECTION 2. Safety clause. The general assembly hereby

26 finds, determines, and declares that this act is necessary

.

-2-

.
~-,
':.1