Colorado Water Law

1
Colorado Water Law

• By
• Travis Hoesli

2
Colorado Water Law

• Unit Objectives
• Understand who makes water laws in Colorado.
• Recognize the general laws that govern the use of
  water in Colorado.
• Learn the different entities in charge of
  governing water in Colorado.

3
Federal vs. State

• When dealing with water law in Colorado very few
  Federal statutes deal with the how much water can
  be used. Most federal laws that affect water in
  Colorado have to do with environmental issues.
• Most of Colorado Laws that deal with quantity
  where passed here in Colorado. The main Law that
  affect Colorado water is the Prior Appropriation
  Doctrine that was written into the States
  Constitution.

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Water Laws

• Appropriation Doctrine
• Written into the States Constitution in 1886. It
  is most commonly referred to as first in time
  first in use. In this doctrine it states that
  that water belongs to the State of Colorado and
  law grants the owner of rights the right to uses
  it for beneficial use. The Doctrine also gives
  assurance of water users through security of
  title. Under this doctrine only court decrees
  can specify location, quantity, use and other
  conditions. Colorado Water Court was Set up to
  address water right issues.

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Water Laws

• Colorado Ground Water Law
• Developed in 1969. It classifies ground water
  into three types tributary, non- tributary and
  exempt. Tributary water is water that is shallow
  and affect river flows. Non- tributary is Deep
  water that is found in ground water Basins.
  Exempt water is water that comes from well
  producing 15 gallons or less and supply water to
  livestock and no more than three homes. Ground
  water use is only granted by state engineers
  office

6
Water Laws

• Interstate Compacts
• Interstate compacts are agreements between
  Colorado and states down stream. They not only
  specify quantity but quality. There are compact
  agreement for every river that flows out of
  Colorado.

7
Water Law

• Water Quality and Environmental Laws
• Though the Clean Water and Safe Drinking Water
  Acts were passed in Federal legislation Colorado
  has to comply. There are two agencies in Colorado
  that administer these laws, Colorado Water
  Pollution Commission and Water Quality Control of
  Department of Health.

8
Governing Water Law

• State Engineers Office
• This is the administrative branch of water law
  in Colorado. It was developed in 1881 and it
  controls the administration of water in the
  state. The engineers office has two division.
  The Division Engineer enforces water right
  decrees and give supervision to the water
  commissioners. The second part of the State
  Engineers Office is the Division Of Water
  Resource. It has seven regional office that
  correspond to the river basins and Water Courts.

9
Governing Water Law

• Water Courts
• There are Seven District Water Courts in
  Colorado. One in each river basins. The judges
  hears cases that concern water use changes and
  issues decrees. The courts systems gives people
  using water in Colorado due process in competing
  for water. They are the last step in resolving
  issues in Colorado.

10
Governing Water Law

• Colorado Water Conservation Board
• This is a board that is made up of seventeen
  people from all over the state. Their primary
  role in water law is Conserving water and
  developing water projects. The Conservation
  Board is a useful companion to the State
  Engineers Office.