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Started By
Message
colorado water rights questions
Posted on 6/12/20 at 9:15 am
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
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
3
Posted on 6/12/20 at 10:06 am to cgrand
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.
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 on 6/12/20 at 10:16 am to cgrand
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 on 6/12/20 at 11:23 am to Snoop Dawg
quote:
Water is a scarce and valuable commodity out west.
decades of enviro-wacko water management caused this. plenty of water. they just screwed up acccess to it.
Posted on 6/12/20 at 12:05 pm to Snoop Dawg
quote:
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.
what resources are available to me to find out what is/is not allowed? sorry, i truly am ignorant about this
Posted on 6/12/20 at 12:59 pm to cgrand
If you are serious about buying that land you need to contact someone who will know for sure. We have a lot of water laws that are unique to Colorado. If you can collect water there then you can only collect so much and you can only use it for certain things.
Also Colorado allows ownership of parts of rivers and creeks so you may very well have zero access to the creek that is next to your property.
Also Colorado allows ownership of parts of rivers and creeks so you may very well have zero access to the creek that is next to your property.
Posted on 6/12/20 at 7:20 pm to CAD703X
quote:
decades of enviro-wacko water management caused this. plenty of water. they just screwed up acccess to it.
Decades of suburban sprawl in CO, AZ, NV, and CA are what caused this.
Posted on 6/12/20 at 7:27 pm to Jinglebob
quote:
Decades of suburban sprawl in CO, AZ, NV, and CA are what caused this.
...and Ted Turner
Posted on 6/12/20 at 8:25 pm to cgrand
Get a real estate agent to refer you to an attorney with water rights knowledge. If there’s a realtor working with the property listing, they should be able to point you to an expert on the issue.
Posted on 6/12/20 at 8:39 pm to Jinglebob
quote:
Decades of suburban sprawl in CO, AZ, NV, and CA are what caused this.
False. Suburban sprawl requires less water than desert agriculture. That’s why the Phoenix area doesn’t have water supply issues. They replaced water hog desert agriculture with a something that requires significantly less water per sq. ft.
This post was edited on 6/12/20 at 8:40 pm
Posted on 6/13/20 at 12:50 am to Snoop Dawg
Phoenix doesn’t have water issues? You picked the wrong City to make this argument. Might want to research this a little more if you live there.
Least Sustainable City
Least Sustainable City
Posted on 6/13/20 at 10:16 am to TimeOutdoors
That’s a garbage article as it lacks both facts and figures. It also doesn’t even mention that unlike Tucson, Las Vegas, and other places that use water from the Colorado River, the Valley has its own significant water supply via the Salt River Project. The growth in the valley has replaced water hog desert agriculture which extends the amount of water available.
Posted on 6/14/20 at 5:36 pm to Snoop Dawg
quote:
It also doesn’t even mention that unlike Tucson, Las Vegas, and other places that use water from the Colorado River, the Valley has its own significant water supply via the Salt River Project
which includes 6 reservoirs, and the total system is at 95 percent capacity. i know that phoenix is a popular target of being named "least sustainable" but i would be more concerned about southern california (the los angeles aqueduct literally dried up rivers and lakes in the valley it starts in) and las vegas (lake mead is at like 40 percent capacity) than with phoenix.
Posted on 6/14/20 at 8:03 pm to Snoop Dawg
quote:
you can not set up a rain barrel and harvest the rainfall from your roof.
Are you sure it’s that extreme? I thought it was more about preventing people from building ponds on large acreage to harvest rain run off? I can’t imagine a million roofs would provide significant run off compared to the overall lots. Especially considering your just going to offset other water source.
Posted on 6/15/20 at 2:57 pm to C
quote:
Are you sure it’s that extreme?
In some areas yes.
Water rights has been a big deal in the west for a very long time.
Posted on 6/15/20 at 4:47 pm to Snoop Dawg
quote:
The growth in the valley has replaced water hog desert agriculture which extends the amount of water available.
Well, Phoenix has also developed new sources of water in the last 30-40 years such as water banking, more surface collection reservoirs and extensive re-use of wastewater (sewer). They also require developers of new houses to guarantee a 100 year water supply for new housing developments. And they also have very stringent landscape irrigation laws and landscape irrigation for the average urban/suburban area dwarfs what people use inside their houses. For instance, DFW outdoor water use is around 60% of total water use. I'm not sure what Phoenix's outdoor water use is but with their stringent irrigation laws, I'm sure its much less than DFW.
Posted on 6/19/20 at 1:09 pm to CAD703X
quote:
decades of enviro-wacko water management caused this. plenty of water. they just screwed up acccess to it
Lol wut?
Water rights have been a big deal out here long before any liberals were here. If you don’t own the water rights you may not collect any water on your property and in some cases you may not be allowed to use the stream at all.
Posted on 6/19/20 at 1:12 pm to TheNolaClap
quote:While on big rivers you may be allowed to float through private water you are not allowed to wade or touch the banks. There are some places where even floating is not allowed though.
Fisherman have the right to wade fish or float the water
Wading on private streams is a pretty big no-no here
This post was edited on 6/19/20 at 1:13 pm
Posted on 6/19/20 at 8:49 pm to PearlyBaker
quote:
If you don’t own the water rights you may not collect any water on your property and in some cases you may not be allowed to use the stream at all.
just to circle back here, I talked to a water rights lawyer and the above is correct for this property. Although the permanent creek runs thru the property and both sides of the creek are within the property lines, water collection anywhere within the watershed is not allowed nor is physical access to the water past the natural bank.
the only allowed use is livestock watering as long as they can get down to the creekbed
I’m going to keep looking
Posted on 6/19/20 at 10:54 pm to cgrand
I live in Durango, just curious why are you buying in Cortez?
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