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Under Colorado's prior appropriation doctrine, all of the following statements about water rights are true EXCEPT:

Correct Answer

C) Owning land adjacent to a stream automatically grants the landowner the right to use that stream's water

Option C describes the riparian rights doctrine, not Colorado's prior appropriation system. Under Colorado law (C.R.S. § 37-92-101 et seq.), owning land adjacent to a stream does NOT automatically grant water rights. Colorado expressly rejected riparian rights. All water rights must be established through appropriation — diverting water and putting it to beneficial use — and adjudicated through the water court system. The location of land relative to a water source is irrelevant to water rights ownership under Colorado law.

Answer Options
A
Water rights can be sold and transferred independently of the land they historically served
B
A senior water right holder is entitled to their full allocation before any junior right holder receives water
C
Owning land adjacent to a stream automatically grants the landowner the right to use that stream's water
D
Beneficial use is a required element for establishing and maintaining a valid water right in Colorado

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Related Topics & Key Terms

Key Terms:

prior_appropriationriparian_rightswater_rightsbeneficial_usereverse_question

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