A Colorado broker is working with a buyer purchasing agricultural land in Prowers County that includes adjudicated water rights. Which of the following is NOT a characteristic of Colorado's prior appropriation water rights system that the broker should understand?
Correct Answer
C) A landowner automatically acquires water rights to streams crossing the property based on land ownership
The statement that a landowner automatically acquires water rights to streams crossing the property based on land ownership is NOT a characteristic of Colorado's prior appropriation system — it is actually a description of the riparian rights doctrine used in eastern states. Colorado explicitly does NOT follow riparian rights. Under prior appropriation (C.R.S. § 37-92-101 et seq.), owning land adjacent to or crossed by a stream does not give the landowner any right to use that water. Water rights must be separately acquired and adjudicated.
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