A Colorado water right decree states the right is for 3.0 acre-feet per year for irrigation of a specific 15-acre parcel. The current owner sells the 15 acres but retains the water right, then sells the water right separately to a municipal water provider who wants to change its use to municipal supply. The municipal provider applies to the water court to change the use. Which of the following most accurately describes what the water court will evaluate in this proceeding?
Correct Answer
B) Whether the change in use will injure other water rights holders by changing the amount, timing, or location of return flows to the stream system
Under C.R.S. § 37-92-305, a change of water right proceeding in Colorado Water Court focuses on whether the proposed change will cause injury to other water rights holders. The primary analysis involves the historical consumptive use of the right (how much water was actually consumed versus returned to the stream), and whether changing the use — from irrigation to municipal supply — will alter the timing, amount, or location of return flows in a way that harms senior or junior rights holders. The court applies the 'no injury' standard to protect the integrity of the priority system.
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