Main MenuWhat are water rights?
Water is the lifeblood of Colorado and its allocation is a critical issue that shapes our past, present, and future. Because of the west’s arid and semi-arid ecosystems, we face challenges in managing water resources; at the heart of Colorado’s complex water management system lies the concept of “water rights.”
Water rights are paramount in Colorado for several reasons, including:
- Agriculture. Colorado’s agricultural sector (and subsequent $47 billion agricultural economy) relies heavily on water rights for irrigation. The protection and allocation of these rights are essential for maintaining the state’s agricultural industry.
- Municipal supply. Water rights also play a vital role in supplying clean and safe drinking water to Colorado’s growing population.
- Environmental protection. Balancing the needs of water users with environmental conservation is critical. Water rights help ensure the maintenance of adequate water flows, which support ecosystems and wildlife.
- Recreational and industrial uses. Water rights also enable recreational activities like fishing and boating, as well as industrial processes that further drive the state’s economy.
Defining water rights
Water rights are legal entitlements that grant individuals, municipalities, and organizations the permission to use water from specific sources, such as rivers, streams, lakes, and groundwater aquifers. These entitlements are considered property rights.
Water is scarce in many parts of Colorado and subject to competing demands. As a result, water rights are an important element of water management that work to ensure a fair and orderly distribution of water for various uses.
Prior appropriation system
Colorado’s water rights system operates under the prior appropriation doctrine, which is a legal framework in the Colorado Constitution that regulates surface water and tributary groundwater use. It is most recently codified in the 1969 Water Right Determination & Administration Act.
The prior appropriation system means “first in time, first in right.” This doctrine recognizes those who were the first to use water from a particular source as having the highest priority.
For example, if a Gunnison Valley rancher diverted water from the Gunnison River for irrigation in the 1880s, that individual would hold senior water rights and their claim would take precedence over rights established later. This ensures that historical water users receive their allocated share before newer rights are satisfied.
Types of water rights in Colorado
There are two main types of water rights in Colorado:
- Surface Water. These rights pertain to water from rivers, streams, and lakes. They follow the prior appropriation system, where the first users have senior rights, and later users have junior rights. This prioritization ensures that older water rights are satisfied before newer ones.
- Groundwater. Colorado also regulates the use of groundwater, typically following a system similar to surface water rights. Groundwater pumping can affect surface water flows, so balancing these rights is essential to maintaining ecosystem health.
How water rights work in Colorado
Administration and regulation
The Colorado Division of Water Resources is responsible for administering and regulating water rights. This agency oversees the allocation, ensures compliance with state laws, and manages the intricate system of water priorities.
Water right applications are under the jurisdiction of the water courts. There are seven water courts, one in each of the seven major stream basins in Colorado. Water Division Four governs the Gunnison Basin.
Changes in use
It’s important to note that water rights in Colorado are not static. They can be modified to meet changing needs, while still adhering to the principle of beneficial use.
For instance, a rancher who initially used water for crop irrigation may choose to switch to municipal use if the community’s water supply needs have evolved. To do so, they must undergo the legal process to change their water rights.
Environmental considerations
Balancing the needs of water users with environmental preservation is critical. The Colorado Water Conservation Board can also hold water rights to ensure that sufficient flows are maintained in rivers and streams to protect aquatic ecosystems. These “in-stream flow rights” are an essential tool for conserving the natural environment.
How water rights are established
Obtaining a water right in Colorado is a legal process that involves several steps, including:
a) Application. Individuals or entities interested in acquiring water rights must submit an application to the water court, providing details about the source of water, intended use, and location.
b) Review and approval. The application undergoes a review process to ensure it complies with Colorado’s water laws. Interested parties may participate in the process to assure protection of their rights.
c) Priority determination. Once approved, the water right is recorded with a specific priority date. This date is crucial, as it determines the order in which rights are fulfilled during water shortages.
d) Beneficial use. Water rights in Colorado must be put to a “beneficial use,” which can include irrigation, municipal water supply, industrial processes, and more. This use requirement prevents hoarding and waste of water resources.
For more information on the process and to access forms, head to the Division of Water Resources website.
Water rights for fair use
Water rights are a pillar of Colorado’s water management system, facilitating the fair and efficient allocation of water resources in a state where water is a precious commodity.
As Colorado continues to grow and grapple with the challenges of a changing climate, understanding and preserving water rights remains crucial to sustain the state’s communities, industries, and natural ecosystems.
For additional information and resources, check out the Colorado Division of Water Resources’ “Beginner’s Guide to Water Resources” or head to dwr.colorado.gov/services/water-administration.