Q. Who keeps track of the water rights
owners in Colorado?
Q. I have found that I have water rights on
this ditch that runs through my property. I have owned the
property for many years and have never irrigated out of this
ditch. Can I still use this water?
Q. How are water rights transferred?
Q. The ditch that runs through my land needs
repair. Who do I call?
Q. Who keeps track of the water rights
owners in Colorado?
A.
In Colorado, there is no ownership registry for water
rights. The Office of the State Engineer does not have any
ownership information. If you want to find out which water
rights go with your land, you must research the
deeds at your county clerk's office.
If you want to find out who owns water rights
for a
particular ditch, you will have to contact the ditch company
or the Boulder County Clerk's Office.
If you want to find out how many shares of water rights you
have in a particular ditch, contact the ditch company.
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Q.
I have found that I have water rights on this ditch that
runs through my property. I have owned the property for many
years and have never irrigated out of this ditch. Can I
still use this water?
A.
Abandonment of a water right is defined as ". . . the
termination of a water right in whole or in part as a result
of the intent of the owner thereof to discontinue
permanently the use of all or part of the water available thereunder."
It is very important to note that the intent to
abandon is required concurrent with non-use for a water
right to be declared abandoned.
Also note that if a person who owns a conditional water
right fails to file a timely application with the court
fulfilling the diligence requirements, that water right can
be declared abandoned.
Every ten years, the Divsion Engineer prepares an
abandonment list which contains water rights that are
believed to be either completely or partially abandoned.
Contact the Division of Water Resources to determine if your
water rights have been placed on the abandonment list.
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Q.
How are water rights transferred?
A.
For a change in place, time, etc., you must file for a
change in use application with the water court in your
division. For a change in ownership, contact the water court
for the procedure. You will need a copy of the property
deed.
It is important to remember that a water right is a property
right and therefore can be bought and sold, moved, and put
to different uses without limitation so long as that change
does not injure the vested rights of others.
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Q.
The ditch that runs through my land needs repair. Who do I
call?
A.
You should contact the ditch company or the owner of the
ditch. According to Colorado law, the owner or person in
control of any canal or ditch used for irrigation is
responsible for maintaining the ditch or canal.
The ditch or canal must be able to receive water by April 1
of each year, so far as reasonably possible. All necessary
outlets must be in good repair. The ditch owners must also
maintain the embankments of the ditch in a manner that
prevents flooding or damage to the property of others.
A number of additional regulations regarding ditches,
headgates, and measuring flumes exist. For more information,
contact the Office of the State Engineer or your Division
Engineer.
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