A history of Colorado Water Law
The history of Colorado water law is rooted in the state’s arid climate and the need to manage scarce water resources. The development of Colorado water law is also closely tied to the history of mining, farming and water management in the western states.
Colorado water law has its roots in the doctrine of prior appropriation, also known as “first in time, first in right.” This doctrine holds that the first person or entity to put water to a beneficial use has the right to continue using that water, even if others later come along and want to use it. This means that water rights in Colorado are based on seniority, with the oldest water rights taking priority over newer ones.
The first water rights in Colorado were established in the mid-1800s, when miners, ranchers and farmers began diverting water from streams and rivers for mining and irrigation. As the popluation of Colorado grew, the demand for water increased and conflicts over water rights became more common. These conflicts resulted in Colorado enacting its first water code in 1861, which recognized the prior appropriation doctrine and established a system for adjudicating water rights.
In 1879, the Colorado Supreme Court issued a landmark decision in the case of Coffin v. Left Hand Ditch Co., which established the “Colorado Doctrine.” This doctrine affirmed the prior appropriation doctrine and established the principle of “use it or lose it,” which means that water rights can be lost if they are not used for a certain period of time.
Over time, Colorado’s water law has been refined and updated to address new challenges and changing conditions. Today, Colorado’s water law remains based on the prior appropriation doctrine, but also includes provisions for environmental protection, water conservation, and other important considerations. The state also has a comprehensive system for water administration and management through Colorado Division of Water Resources and the State Engineer’s Office.
Today when looking at ranches, farms or recreational properties it is very important to have a knowledgeable ranch broker who is familiar with Colorado water rights. Even things as simple as water wells have intricacies that a good ranch broker will be able to guide you through. Ranch Marketers has the experience and knowledge to guide buyers and sellers through to closing. Contact Ranch Marketers and let us help you buy or sell your ranch, farm or recreational property.