Colorado Water Law
GUESTS
Guests included Debbie Ledbetter (former member who we hope will rejoin us), Shannon Spangler (prospective new member), Joe Jelinek, John Stone, and Michal Conners from the Chamber of Commerce.
ANNOUNCEMENTS
Pete Hyland again announced our intent to sell beer during the Labor Day Weekend festivities.
PROGRAM
Ray Liesman, Water Referee for Division 1 (South Platte River) talked to us about Colorado Water law; how it came into being and how it is being used. This is a most complex subject, and Ray presented it in a very forthright and understandable fashion.
He pointed out that there is evidence of ditch irrigation by the Ancient Ones at Mesa Verde. In addition, the Spaniards built ditches centuries ago in what was to become Colorado. When Colorado became a territory, the importance of establishing a water use scheme was recognized. The Colorado Doctrine was created which, unlike the Riparian Laws of the eastern states, determined a priority system based on the principal of "First in Use, First in Right". In Colorado, you don't own the water (the water belongs to the state), but you can own the right to use the water so long as you don't waste it. It must be determined that it is put to beneficial use.
In 1879, the Water Adjudication Act was passed and at that time, all water matters went through District Court. In 1969, the Water Rights Determination Act passed and this set up a system of Water Courts that are in use today. Colorado is divided into seven water divisions based on the major rivers in the state, Division #1 covers almost a quarter of Colorado including all of the South Platte Basin as well as the Republican and Arikaree Rivers. Each Division has a water judge who is appointed annually, but in reality, once a water judge is appointed, it is a lifetime appointment unless the judge resigns or retires from the bench.
There are two types of water rights, Absolute and conditional. Absolute rights are those that have already been put to beneficial use and are said to be "perfected". Conditional rights are those where the plans are in the works to use the water but it has not yet been put to use. Conditional Use rights must be taken back to court periodically to show "due diligence". (I loved those Conditional Use cases. They could provide consulting fees for years).
QUIZ ANSWER
Texas is the only state that can fly its state flag at the same height as the US flag. This was part of the treaty between the US and sovereign nation of Texas that brought Texas into the union.
NEXT QUESTION
What was the name of the San Diego company that built Lindberg's "Spirit of St. Louis"?
Guests included Debbie Ledbetter (former member who we hope will rejoin us), Shannon Spangler (prospective new member), Joe Jelinek, John Stone, and Michal Conners from the Chamber of Commerce.
ANNOUNCEMENTS
Pete Hyland again announced our intent to sell beer during the Labor Day Weekend festivities.
PROGRAM
Ray Liesman, Water Referee for Division 1 (South Platte River) talked to us about Colorado Water law; how it came into being and how it is being used. This is a most complex subject, and Ray presented it in a very forthright and understandable fashion.
He pointed out that there is evidence of ditch irrigation by the Ancient Ones at Mesa Verde. In addition, the Spaniards built ditches centuries ago in what was to become Colorado. When Colorado became a territory, the importance of establishing a water use scheme was recognized. The Colorado Doctrine was created which, unlike the Riparian Laws of the eastern states, determined a priority system based on the principal of "First in Use, First in Right". In Colorado, you don't own the water (the water belongs to the state), but you can own the right to use the water so long as you don't waste it. It must be determined that it is put to beneficial use.
In 1879, the Water Adjudication Act was passed and at that time, all water matters went through District Court. In 1969, the Water Rights Determination Act passed and this set up a system of Water Courts that are in use today. Colorado is divided into seven water divisions based on the major rivers in the state, Division #1 covers almost a quarter of Colorado including all of the South Platte Basin as well as the Republican and Arikaree Rivers. Each Division has a water judge who is appointed annually, but in reality, once a water judge is appointed, it is a lifetime appointment unless the judge resigns or retires from the bench.
There are two types of water rights, Absolute and conditional. Absolute rights are those that have already been put to beneficial use and are said to be "perfected". Conditional rights are those where the plans are in the works to use the water but it has not yet been put to use. Conditional Use rights must be taken back to court periodically to show "due diligence". (I loved those Conditional Use cases. They could provide consulting fees for years).
QUIZ ANSWER
Texas is the only state that can fly its state flag at the same height as the US flag. This was part of the treaty between the US and sovereign nation of Texas that brought Texas into the union.
NEXT QUESTION
What was the name of the San Diego company that built Lindberg's "Spirit of St. Louis"?
posted by Windsor Rotary Club (link to this post)
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