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A Colorado water right decree specifies that the water must be used for irrigation of a specific 80-acre parcel. The owner wants to change the use of the water right to supply a new residential subdivision. Under Colorado's prior appropriation system, what process must the owner follow?

Correct Answer

B) The owner must file a change of use application in Colorado Water Court and obtain a new decree authorizing the changed use

Under C.R.S. § 37-92-305, changing the type, place, or time of use of a decreed water right requires a formal change of water right application filed in Colorado Water Court. The water court reviews the proposed change to ensure it does not injure other water rights holders. A new decree must be issued before the change is valid. This process protects the priority system and prevents harm to junior and senior rights holders alike.

Answer Options
A
The owner may change the use immediately because water rights are private property and the owner has full discretion
B
The owner must file a change of use application in Colorado Water Court and obtain a new decree authorizing the changed use
C
The owner must obtain approval from the county commissioners before changing the designated use of a water right
D
The owner must notify adjacent landowners and wait 30 days before changing the water right's designated use

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Related Topics & Key Terms

Key Terms:

water_rightschange_of_usewater_courtprior_appropriationdecree

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