Under Colorado's prior appropriation water law, which statement best describes the relationship between surface land ownership and water rights when a property is sold?
Correct Answer
D) Water rights are separate property interests in Colorado and must be explicitly addressed in any real estate transaction
Under C.R.S. § 37-92-101 et seq., Colorado follows the prior appropriation doctrine. Water rights are entirely separate from surface land ownership, can be bought and sold independently of real property, and must be explicitly addressed and disclosed in real estate transactions. Owning land does not automatically convey water rights.
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