Water Rights: Use and Economics By Travis Hoesli

Water Rights: Use and Economics Unit Objectives 1.What are the key parts of Water right system in Colorado. 2.How do you get water use rights? 3.How are water rights considered property rights. 4.What value do water right give it’s owners?

Water Right System in Colorado There is no one agency that gives water use rights to the people seeking them. There are three main agencies that control the development and approval of water rights. Water Courts and Referee State Engineers Office Colorado Water Conservation Board

Applying for Water Rights Whether it is groundwater or surface water the first step in obtain water use rights is to fill an application with the water court in the district where the water will be diverted. Once filled in the courts a resume is published to all water rights holder in that district. After resume is sent there is a forty-five day period in which any right holder can file a letter of opposition. This letter should include why a right should not be granted.

Applying for Water Rights After thirty days has passed during the application process a district court referee reviews the application and opposition and consults with the district engineer. The district engineer files a written report with recommendations that the applicant must mail to all parties involved. After reviewing the report the referee can approve or disapprove all or part of an application. In no protest is filled in the first twenty day after mailing is done the ruling is signed by a judge and entered as a decree.

Applying for Water Rights A granted water right is considered a “decreed water right”. Water rights can be declared absolute or conditional. Absolutes water rights is water that has been diverted and used for beneficial use. Conditional right is one that will be developed in the future.

Water Rights as Real Property Because water right are granted by a court decree it is a legal tangible document. Any legal entity can hold a water right. The only stipulation on ownership is for instream flows that an only can be held by Colorado Water Conservation Board. Because they are considered real property they can be bought sold and leased. Water rights can be transferred to different point of diversion only after it has been proven that it will not injure vested water rights of other users.

Water Rights as Real Property Because water rights are approved at a certain point of diversion they are usually attached to land in that area. Water rights can be transferred to other place only after is has been proven in district water courts that it will not affect other rights in that area.