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1, 4 <br />Williams, Turner & Holmes, P.C. <br />ATTORNEYS AT LAW <br />Anrho„r W. Will,a.,,.; April 1, 1998 <br />J.D. Snodgi%,,cs <br />W;1liam 1), Prakkcn <br />Dn•,d 1. Tarnrr <br />Mark A.l lr tnundsrad Ed Settle <br />Grand Junction Pipe & Supply <br />Susan M. Cork P. O. Box 1849 <br />IMark E. Hamilron Grand Junction, CO 81502 <br />Kirsren M. Kurarh Dear Ed: <br />You recently contacted me concerning the right of Grand Junction Concrete <br />B m,dr G Holmes Pipe Co. ("Grand Junction Pipe") to divert water from Kannah Creek, below Highway <br />50, to use in connection with gravel mining activities on the Bradbury property. <br />James M. c oloscy. P.C. <br />The Colorado Constitution provides that "[t]he water of every natural stream, <br />not heretofore appropriated, within the state of Colorado, is hereby declared to be the <br />property of the public, and the same is dedicated to the use of the people of the state, <br />All irrorne}'s <br />Adnurrc,l,n Color.,do subject to appropriation as hereinafter provided." Colo. Const. art. XVI, § 5. Thus, <br />water in Colorado is a public resource, subject to appropriation and use by persons <br />' Aiso Admirr,d in (-'rah <br />and entities in Colorado. <br />In order to obtain a "water right" in Colorado, an entity must divert water and <br />apply it to beneficial use. This is all that needs to be done in order to effect a valid <br />appropriation of water. It is not necessary that a decree be obtained from the water <br />court in order to create a water right. As stated by the Colorado Supreme Court in <br />the recent case of Bayou Land Co. v Talley, 924 P. 2d 136 (1996): <br />A water court decree adjudicating a water right merely confirms the <br />existence of that right which arose initially by application of water to <br />beneficial use. The decree does not itself create or grant any rights; <br />rather, it serves as evidence of rights previously acquired. An <br />individual's appropriation of tributary water and application of that <br />water to beneficial use gives rise to a water right ... (Citations <br />omitted). <br />aANU?u ?C"t,UNUI'h1C:1= . Accordingly <br />to the extent that there is water available for appropriation in <br />200 N. 6rh Srro,r ' , <br />Rk)o 11?x 3 ri Kannah Creek at times when Grand Junction Pipe intends to divert it, Grand Junction <br /> <br />nt5o2-i-0?3?d <br />""`''"" """ `f" 1r Pipe has a right under Colorado law to divert that water and apply it to beneficial use. <br />""" `1i0 <br />2 <br />0 '"'' a beneficial use <br />ravel minin <br />activities is clearl <br />Use of water in connection with <br />/ <br />, y <br />. <br />g <br />g <br /> <br />