Water Law
| Name of Attorney or Paralegal | Photo of Attorney or Paralegal | Position, Attorney or Paralegal |
|---|---|---|
| Alison |  |
Paralegal |
The scarcity of water in the intermountain West has resulted in the creation of laws and policies that are intended to promote the utilization of the resource while protecting those who have the right to use it. Colorado relies upon the doctrine of appropriation for water users, which, simply put, means first in time, first in right. It also means that landowners do not automatically have the right to use water that arises on or runs through their property.
In Colorado, the right to use water is created through the court system. The process is initiated with an application that includes specific information about the location of the water source (a spring, a stream, a river, or a well), the location where the water is to be used, how the water is to be used (such as irrigation, domestic, municipal, wildlife watering, aesthetics, piscatorial, or livestock watering), the date of appropriation (the date that specific steps were taken to use the water), and whether the request is for an absolute water right (when the water is actually being used) or conditional (when the water is not yet used but will be in the future). The adjudication process can be relatively simple and quick or can become very complex and involve a great deal of time if others oppose the application or problems are discovered with respect to the information contained in the application.
Additional Information
The Colorado Judicial Branch website provides access to the Colorado forms for water rights proceedings.
The Colorado Foundation for Water Education provides balanced, accurate information and education on water resource topics.
Also, The University of Denver Water Law Review contains articles and information about water law.