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Under the Colorado Constitution, the water of every natural stream that is not claimed by a water right owner, called unappropriated water, is the property of the public and available for appropriation. Water rights are created by using water for a legally recognized use, such as irrigation.
Water rights in Colorado are unique when compared to other parts of the United States. The use of water is governed by what is known as the Prior Appropriation System. This system of water allocation controls who uses how much water, the types of uses allowed, and when those waters can be used.
The Use It Or Lose It rule was created when Colorado became a state, and it forces those with water rights to use all the water they are allotted whether they need to or not. If they dont use their full allotment, they will see it reduced in coming years.
Lastly, after service is performed by your chosen process server, you need to make sure that they fill out a form called a Return of Service or Affidavit of Service. This form must be signed in front of a notary unless the process server is a peace officer.
State Administration and Classifications All of these types of water are owned by the public, but only waters of the natural stream are subject to allocation by the doctrine of prior appropriation under Article XVI, Sections 5 and 6, of the Colorado Constitution.
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Use it or lose it is an important axiom in Colorado water law that goes back to our constitution. It doesnt use that term, but it does speak to speculation, Rein said. Rein and Davis added that the process of losing a water right is much longer and less stringent than people tend to expect.
Thus, Colorados constitution, General Assembly statutes, and Colorado Supreme Court case law decisions entirely reject riparian law in favor of these principles: (1) all surface and groundwater within Colorado is owned by the public and is dedicated to the use of the people through water rights established as
Simply fill out the response form, telling the court why you disagree with the other partys position. When you file the response, you will be asked to pay a filing fee. You do not need to prove your case in the response; you simply need to tell the court what you believe to be true.

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