WATER RIGHTS: We find that one of the most confusing things for newcomers to our area to grasp is Colorado water law. Since the 1860s, The Colorado Doctrine has defined the four essential principles of Colorado water law:
1. All surface and ground water in Colorado is a public resource for benefical use by public
agencies and private persons.
2. A water right is a right to use a portion of the public's water resources.
3. Water rights owners may build facilities on the lands of others to divert, extract or move
water from a stream or aquifer to its place of use.
4. Water rights owners may use streams or aquifers for the transportaion and storage of water.
Practical application of The Colorado Doctrine means that water can be moved from where it is found to where it is needed based upon a priority system of "first in time, first in right." People, with water rights, who live along the river usually have diversions from the river to their lands. Away from the river, landowners are dependent upon irrigation ditches to deliver their water. The irrigation ditches are mutually-owned non-profit corporations established to deliver water to owners. Each ditch company has a board of directors, a secretary to handle the office business, and a ditch rider who controls the actual water flow. Operations are based on the by-laws of each ditch company and by Colorado corporate law.
We'll discuss more water facts and issues in future postings. In the meantime, if you have questions or would like additional information about Durango real estate please give us a call or email.
http://HomesInDurango.com
http://RealEstate-Durango.com
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