Date: 09/04/2014

Final
Colorado's Anti-Speculation Water Doctrine

WATER RESOURCES REVIEW COMMITTEE

Votes: View--> Action Taken:
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01:02 PM -- Colorado's Anti-Speculation Water Doctrine

The committee returned to order.

Justice Gregory Hobbs, Colorado Supreme Court, had staff distribute a handout on Colorado's anti-speculation water doctrine to the committee (Attachment J). Justice Hobbs described Colorado's anti-speculation law that has been in place since 1861 and says that water may be diverted from a stream, across lands, to where the water could be put to a beneficial use, and not for purposes of speculation. He said that Colorado's water belongs to the people of Colorado and that all water rights are subject to the beneficial use property. Justice Hobbs talked about several court cases including the Colorado River Water Conservation District vs. Vidler Water Company case and the Dallas Creek Water Co. vs. Huey case. Justice Hobbs said that because planning for municipal water supply requires long-term planning but is still subject to the anti-speculation water doctrine, this type of water right still needs to prove need for actual beneficial use on a regular basis in order to be granted the water. He explained that the measure of a water right is based on consumptive use, on average, over a period of years.

Attachment J.pdfAttachment J.pdf

01:15 PM

Justice Hobbs responded to questions from the committee regarding how "reasonable" was defined in the Pagosa Area Water and Sanitation District vs. Trout Unlimited case and how alluvial aquifers are considered under the anti-speculation water doctrine. He continued to responded to questions from the committee regarding House Bill 14-1026, concerning the authorization of flexible use markets.

01:27 PM

Chad Wallace, Senior Assistant Attorney General, Colorado Department of Law, distributed Attachment K to the committee outlining the law of anti-speculation. Mr. Wallace discussed appropriations of water; beneficial use of water; conditional water rights; absolute water rights; substitute water supply plans; interruptible water supply agreements; and legal, temporary administrative transfers of water including fallowing of irrigated lands for a temporary transfer for municipal water users. Justice Hobbs talked about temporary versus permanent decreed water transfers and the need for administrable water rights.

Attachment K.pdfAttachment K.pdf