Laserfiche WebLink
<br />3166 <br /> <br />June, 1962 <br /> <br />Jl{<: <br /> <br />Journal of the <br /> <br />IRRIGATION AND DRAINAGE DIVISION <br /> <br />Proceedings of the American Society of Civil Engineers <br /> <br />GROUND-WATER TECHNOLOGY AND LITIGATION PROBLEMS <br /> <br />By Edward D. Jenkins,l M. ASCE, and Edward A. Moulder,2 F. ASCE <br /> <br />SYNOPSIS <br /> <br />Water in Colorado commonly is adjudicated on the principle of "first in <br />time, first in right." Because surface-water rights generally are senior to <br />ground-water rights and because the presumption of the courts is that most, <br />if. not all, ground water in the State is a part of the "natural stream," ground- <br />water development in Colorado often may be delayed by tedious and costly <br />litigation. Ground-water technology has played and will continue to play an <br />important role in facilitating better water management, more equitable court <br />decisions, and better water legislation. It is shown how a detailed evaluation <br />of local hydrology can materially assist the court in making an equitable de- <br />cision. <br /> <br />INTRODUCTION <br /> <br />Court decisions involving water rights in Colorado generally are based on <br />the "appropriation" doctrine of "first in time, first in right;" that is, the early <br />right has priority over the later right. This doctrine has been extended to ap- <br />ply to all waters tributary to the streams and, thus, to a large part of the <br />State's ground-water resources. The Colorado constitution declares that the <br />water of natural streams is the property of the public and that priority in time <br />shall control among appropriators. The extension of the doctrine to include <br /> <br />Note.-Discussion open until November 1,1962. To extend the closing date one month, <br />a written request must be filed with the Executive Secretary, ASCE. This paper is part <br />of the copyrighted Journal of the Irrigation and Drainage Division, Proceedings of the <br />American Society of Civil Engineers, Vol. 88, No. IR 2, June, 1962. <br />1. Hydr. Engr., U, S. G. S., Dept. of the Interior, Denver, Colo. <br />2 Dist. Engr., U. S. G. S., Dept. of the Interior, Denver, Colo. <br /> <br />21 <br />