James owns a decreed irrigation water right in Colorado. He has not used the water right for the past 15 consecutive years because he converted his farmland to dry-land farming. Which Colorado legal doctrine could threaten his water right?
Correct Answer
C) Abandonment, which can extinguish a water right when there is intent to abandon and non-use over time
Under C.R.S. § 37-92-402, a Colorado water right can be declared abandoned if the owner demonstrates an intent to abandon the right, evidenced by non-use over a period of time. Colorado water courts can find abandonment based on a combination of non-use and intent to abandon. Extended non-use (such as 15 years) creates a rebuttable presumption of abandonment. James should consult a water rights attorney to protect his right, potentially by leasing the water or filing to maintain the decree.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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