Re: How do water rights work?

Posted by Chad Franke on June 28, 2007 at 13:59:20 from (65.112.203.194):

In Reply to: Re: How do water rights work? posted by buickanddeere on June 28, 2007 at 06:53:29:

Colorado water law is some of the most complex and crazy in the country...No water flows into the state, it only flows out (except for about 11 miles of a river in the NW corner of the state) so we have some unique laws.

Main doctrine is first in use, first in right. If you can prove your right was used first, you have the most right to that water, with some claims going back into the 1800's. Most houses weren't there then, therefore the water that falls on that house at one time fell and ran someplace (either underground or in streams) and was used. Therefore, that water has a prior user, if you catch and use it, you are stealing someone's water. In the middle of a big drought (might finally be ending now, knock on wood) all water is precious, and water laws are enforced vigorously.

Thousands of acres of irrigated land are dried up because wells have been shut down because the court determined the underground water pumping is harming holders of more senior surface water rights. Every drop of water that falls in Colorado is already accounted for, there are no "new" rights. Even domestic wells are getting tough to get, most times requiring 40 acres of surface area to get a domestic well.

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