The first thing you need to know is water rights are deeded separately as are mineral rights in Colorado. Just because that beautiful mountain stream runs through your property does not automatically entitle you to it!
Water Rights are different from those in many other parts of the country. In Colorado even land that boarders creeks, rivers, ditches or other body of water, you may only use the quantity of water that you own. Without a separate deed for your water, you are not entitled to the water from that adjacent river, canal or ditch.
Water rights are private property in Colorado. Any time you are considering purchasing water rights one of the biggest favors you can do for yourself is seek the advice of legal counsel that specializes in water law.
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What is a water right?
A Water right is a right to use a designated amount of water. It can be sold, leased or bequeathed. The value of the right is associated with the quantity and priority of the right. The right's priority or seniority refers to the age or date of the right. The earliest deed to a designated quantity of water entitles the owner of that right to use that quantity of water. Owners of later deeds have lower priority usage, or junior rights. In times of shortages, owners of junior rights must forgo water use if there is not sufficient water supply to supply all rights. It is extremely important to determine the existence and priority of your water right before purchasing the property. In times when an actual deed cannot be identified, then the water right belongs to the State of Colorado.
Irrigation companies own water rights for specified areas. A share is a portion of an irrigation company's water right that you may purchase for your use. Make sure you asks if water shares are included with the property, if there are fees or assessments and what restrictions may be associated with the shares, such as days or times of use.
What is my responsibility to an irrigation ditch that serves or is on my property?
According to the bylaws of the irrigation ditch that serves your property, you may be responsible for spring ditch cleaning, preventing water waste, and preventing flooding and/or damage to others' property. Owners of canals and ditches generally have a right of access for general maintenance, even if your property is not served by the ditch or canal. Canal and ditch banks are typically private property and you can be cited for trespassing if you use these byways.
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How is water regulated?
A mechanical device with a gated opening that lets water out of the canal or stream onto your property and regulates the flow of the irrigation water to your land.
Need help?
If you would like a referral for legal counsel, we would be more then happy to recommend one. Please contact Jeffery James McClintock at his Denver office at 303-564-7384. He would be more then happy to recommend someone competent in your area.
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