Series: Colorado Water Law Basics #11 - What are the Purposes of Obtaining a Water Court Decree?
There are various reasons for obtaining a water court decree. Each starts with a water right. Water rights can include direct flow, instream flow, and storage to name a few. A decree requires a water right and proof of beneficial use, which is known as diligence, before it can be adjudicated. Below is a list of various water rights and their descriptions these are the stepping stones of the decree application process.
Types of Water Rights
Direct Flow – this right diverts groundwater or water from a surface stream for beneficial use.
Instream Flow – a right owned by the Colorado Water Conservation Board (CWCB) used to maintain or improve the natural environments water-dependency.
Recreational In-Channel Diversion – a right owned by the local governing office that uses structures to control the flow of water for rafting or kayaking.
Storage – a right used to store an exact amount of water in acre-feet, usually including a rate of fill or refill.
Appropriative Right of Exchange – this right involves applying for a permit before diverting water. The project’s size and the first date of appropriation are crucial to determining the seniority and volume of the right that will be granted. The permit must include the following,
The location where the water will be diverted and the type of diversion.
The location where the water will be used.
The period of time that the water will be diverted.
What will the water be used for?
A water right is the first step in the process. Applying for a decree is how one secures a priority date and can legally claim water. Details and explanations of various decrees are provided below.
Figure 1: Augmentation schematic.
Figure 2: Schematic of the exchange process.
Types of Water Decrees
Conditional – a decree that legally protects a priority date so a water user can develop their water right. Also, securing a more senior date. The applicant must prove there is existing unappropriated water and have a plan for diverting, storing, and using the water. In order for a conditional right to become absolute, the water user must prove the water is being put to beneficial use, which is known as diligence. Further, after the decree has been issued diligence must be proved every six years.
Absolute – a water right that has proved diligence through beneficial use and has been assigned apriority number.
Change of Water Rights – a change in the way a right is used that has been approved by the water court. This can include a change in water use, amount of water used, time the water is used, point(s) of diversion, or may add points of diversion. It is essential that the change does not cause injury to other water rights.
Augmentation – permits a junior water user to divert out of priority water as long as the depletions are replaced to the stream in time, place, and amount, and do not cause harm to the rights of senior water users. Figure 1 further explains the augmentation process.
Exchange – allows out of priority water to be diverted at one point as long as an equal amount and quality of water is diverted at an alternate point in a reasonable time period. Figure 2 has been provided to better explain the exchange process.
Stay tuned to the LWS blog channel for a second blog on the decree process, including the people involved in the water court and decree process, as well as the steps required in obtaining a decree.
If you are in need of…….., please reach out to Lytle Water Solutions and we will be happy to provide you a proposal tailored to your needs, free of charge. We can be reached at 303-350-4090, or by email.
Bruce Lytle, P.E. bruce@lytlewater.com
Dan Rowe, EI dan@lytlewater.com
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