Lecture Notes: Water Rights in Colorado
Importance of Water in Colorado
- Water law is significant in Colorado due to its impact on agriculture and various industries.
- Quote by John Gunther: "If you touch water in the west then you touch everything."
- Blue Mesa Reservoir: Largest reservoir in Colorado, crucial for drinking and irrigation.
- Colorado is a head water state
Legal Framework
- Public ownership of water in Colorado; changes necessitate legislative action.
- Water rights cover natural streams, tributaries, and groundwater.
- Understanding the water cycle is essential (precipitation, infiltration, groundwater).
Water Cycle and Groundwater
- Water infiltrates through sand, rock, clay, acting as a natural filter.
- Groundwater accumulations are known as aquifers.
- Water cycle involves infiltration, evaporation, and transpiration by plants.
Water Rights Decree
- Required for legal use of water in Colorado.
- Specifies details: location, amount, storage, and priority.
- Principle of "first in time, first in right" – older rights take precedence.
Priority of Water Rights
- Senior rights: Older, have priority over junior rights in times of scarcity.
- Water rights often overallocated due to historical conditions of high moisture.
- "Calls" on the stream regulate distribution during shortages.
Water Rights as Private Property
- Rights can be sold, leased, rented separately from property.
- "Use it or lose it" clause encourages beneficial use within five years.
- Restrictions: Water flow cannot be diverted without court consent.
Maintenance and Legal Protections
- Right and duty to maintain ditches; cooperation required among users.
- 1973 In-stream Flow Law: Ensures flow for wildlife habitat and recreation.
Measurement and Allocation
- Water measured in cubic feet per second and acre-feet.
- Example scenario: Allocation of shares among ranches based on seniority.
Challenges and Cooperation
- Drought conditions lead to disputes; potential for unauthorized water diversion.
- Historical legal measures include locking headgates to prevent theft.
Conclusion
- Understanding water rights is crucial for Colorado residents, especially in agricultural communities.
- Legal systems, including a special Water Court, are in place to resolve disputes.
- Importance of respecting legal water management to foster good neighborly relations.
Note: This lecture emphasized the critical and complex nature of water rights in Colorado, highlighting the importance of legal frameworks and community cooperation in managing this vital resource.