Water Law
Citizen’s Guide to Water Law Download
For a clear understanding about Colorado water law and water rights, we recommend downloading this useful PDF: A Citizen’s Guide to Colorado Water Law.
Water Rights System
Colorado water law operates under the Prior Appropriation Doctrine. Unlike the Riparian Doctrine that governs water in the East, where the water rights are tied to land ownership, the West learned water isn’t always where it is needed, and so the Prior Appropriation Doctrine evolved.
Frequently referred to as “first in time, first in right,” the Prior Appropriation Doctrine says that the first person to appropriate, or claim, water for beneficial use has the first right to use that water within that particular system. An appropriation occurs when an individual physically takes or diverts water from a stream to use in another location. The first individual is said to have a “senior” water right, and all others down the list are considered “junior” to those above. Senior rights receive water first, and so on down the list.
In order to acquire a water right, one must demonstrate a beneficial use for the water. Uses are categorized as consumptive, for municipal or agricultural purposes, or non-consumptive, for hydroelectric power generation or fishing flows.
Like other property rights, water rights may be sold, leased or exchanged. They are not guaranteed forever and, in fact, may be lost through non-use: A water right is considered abandoned when a person stops using it, and is considered forfeited if it is not used within 10 years.
Responsible Agency
No one agency is responsible for issuing these rights. Regional “courts” evaluate requests on a case-by-case basis and make recommendations to the state, which establishes the rights and issues or denies permits. The Colorado Ground Water Commission manages groundwater resources and the Colorado Water Conservation Board oversees conservation and development and the instream flow program. The Bureau of Land Management (BLM) expands on these processes here. Colorado Water Law is complicated and ever changing. Supreme Court Justice Gregory J. Hobbs has written perhaps the most accurate and easy to understand resource on Colorado Water Law. The Colorado Foundation for Water Education has graciously permitted us to share this resource here.