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Water Facts
• How Do I Obtain a Water Right?
Information in this section was found at the Colorado Division of Water Resources.
Additional information on water rights can be found at Colorado Water Knowledge.
Water rights in Colorado are unique when compared to other parts of the United States. The use of water in this state is governed by what is known as the prior appropriation system. This system of water allocation controls who uses how much water, the types of uses allowed, and when those waters can be used.
A simplified way to explain this system is often referred to as "first in time, first in right." An appropriation is made when an individual physically takes water from a stream (or underground aquifer) and places that water to some type of beneficial use. The first person to appropriate water and apply that water to use has the first right to use that water within a particular stream system. This person (after receiving a court decree verifying their priority status) then becomes the senior water right holder on the stream and that water right must be satisfied before any other water rights are filled.
How does this affect you? Practically speaking, it means that in most river drainages a person cannot obtain an underground water right without a plan for augmentation that replaces the depletions associated with that diversion. (Surface water appropriations may still be allowed if they can be shut off when a senior water right is calling for water. Domestic surface water rights are discouraged in over appropriated basins without augmentation so the domestic supply does not have to be shut down). For the most part, only small residential and livestock wells exempt from water rights administration that meet strict criteria set forth by the legislature are allowed to be drilled without providing for protection to senior water rights.
In Colorado, the process for obtaining a water right is complex, often times requiring a water lawyer and/or water resource engineer to assist you in the process. This information is provided to give you a general idea of the process. It is not intended to replace professional legal or engineering advice. In most cases it is recommended that you seek the assistance of an attorney.
In order to initiate an appropriation in Colorado, the user must first show an intent to divert water, place the water to beneficial use, and demonstrate the intent to divert in an open, physical manner. The physical act must be sufficient to put other parties on notice. Often times field surveys, posting at the diversion point or filing for a well permit application can be considered sufficient physical notice of the intent to appropriate.
After this has been accomplished it is advisable to file a water right application with the court in the basin in which the diversion or proposed diversion exists to verify your place in line within the priority system. Forms for water right applications can be obtained from Bradford Publishing, located in Denver, or from the water court.
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