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Mandated DisclosuresSeller_disclosuresEASY

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.

Answer Options
A
Water rights are always included in the sale of Colorado real property and transfer automatically with the deed
B
Water rights belong to the state of Colorado and cannot be privately owned or transferred
C
Colorado follows riparian rights, so water rights transfer to whoever owns the adjacent land
D
Water rights are separate property interests in Colorado and must be explicitly addressed in any real estate transaction

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Related Topics & Key Terms

Key Terms:

water_rightsprior_appropriationseller_disclosureproperty_transferriparian_rights
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