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colorado water rights questions

Posted on 6/12/20 at 9:15 am
Posted by cgrand
HAMMOND
Member since Oct 2009
38988 posts
Posted on 6/12/20 at 9:15 am
i'm looking a piece of property in cortez, CO.
here's the listing if it helps:

LINK

the listing says there is MWC (water company) water at the road, on the lefthand side. the creek runs thru the property but according to the agent the current owners do not have water rights to the water in the creek.

i am ignorant of western water rights law. do i care that i cant use the water in the creek? i assume ownership of the creek bottom is included, just not the actual water? does that imply anything meaningful insofar as use of the property as a residence?

i've called the water company there to get more info on use/cost of the county water at the road for domestic use, havent heard back yet

anyone with advice would be appreciated
Posted by Snoop Dawg
Member since Sep 2009
2204 posts
Posted on 6/12/20 at 10:06 am to
If the creek is navigable or ever used for commerce, there is a chance the beds of the creek belong to the state.

Another thing to keep in mind is that the water rights pertain not just to the creek, but also to water that flows into that creek. For example you can not set up a rain barrel and harvest the rainfall from your roof.

Water is a scarce and valuable commodity out west.
Posted by TheNolaClap
Jersey Shore (not fist pump)
Member since Jun 2012
1493 posts
Posted on 6/12/20 at 10:16 am to
I didn't look at the link, but often water rights becomes an issue when people buy property on fishing streams. Fisherman have the right to wade fish or float the water.
Posted by BCMCubs
Colorado
Member since Nov 2011
22146 posts
Posted on 6/19/20 at 10:54 pm to
I live in Durango, just curious why are you buying in Cortez?
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