Water is a valuable resource for Colorado!

Water makes up about 70% of the earth's surface. So why do we need water rights? Although a great portion of the surface is water, only a small portion of this water can be used for human consumption. This creates a deficit of the right water for the right purpose at the right time. We supplement these water sources by capturing moisture during the year and storing it for the proper uses.

It used to be that you had the right to use water if your land bordered the water source. There became a need for water rights when it became apparent that not every property would border a water source. Water rights were handed out on a first come, first serve basis, meaning if you staked a claim on water by obtaining a water right you had the right to use the water if it was available for your place in line commonly known as senior water rights. Water rights were recognized through the courts if there was a beneficial use for the water by decree. The decree stated the amount of water to be withdrawn, the location and the specified beneficial use.

Water rights are private property and they can be sold, leased or willed. Some rights however must be attached to land, while decrees with stock certificates do not need to be attached to land and can transfer through the redistribution of a new certificate.

Historical use is important to the use and transfer of water rights because water is considered to be abandoned if it is not used for a significant period of time, coining the phrase "use it or lose it". Water courts have the final ruling over whether water has been abandoned or not.

The water systems in Colorado are complex and all decrees and rights to use water are the jurisdiction of the water courts. Just because there may be water on or near the property does not give the property owners the right to use this water. Water is a public resource and the right to use this valuable resource is done through application to use specified water.

There are seven water divisions within the state of Colorado created in 1979. The Continental Divide is the divisional boundary between the eastern and western slope divisions. Division one is the South Platte Basin served by the Greeley Water Court. Division one services the Denver metropolitan area including surrounding cities Aurora, Boulder metropolitan area, Longmont, Loveland, Fort Collins, Estes Park, Greeley, Fort Morgan, Sterling, Burlington, Wray and Julesburg. Some of the major rivers and creeks that connect to the South Platte are Boulder Creek, Big Thompson River, St Vrain Creek, Cache La Poudre River, and Cherry Creek.

Currently, there are two types of districts within the divisions: water conservancy and water conservation districts. There are 48 water conservation districts and 3 water conservancy districts. In addition there are hundreds of local water and sanitation district in the local areas. However most agricultural needs are serviced by the irrigation districts, reservoir and ditch companies.
Today more water rights which have been historically used for agricultural purposes are being transferred to local municipalities. Colorado water conservation districts are striving to create more ways to store, save and recycle water.

There are many great sources of water law and water right information. See our links page for more in depth water resources.


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