C.R.S. tit. 37, art. 82 — Appropriation and Use of Water | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 37-82-101 Waters of natural surface streams subject to appropriation

37-82-101. Waters of natural surface streams subject to appropriation. (1) The water of every natural stream, as referred to in sections 5 and 6 of article XVI of the state constitution, includes all the water occurring within the state of Colorado which is in or tributary to a natural surface stream but does not include nontributary groundwater as that term is defined in section 37-90-103. All nontributary groundwater shall be subject to such administration and use as the general assembly may provide by law. Such nontributary waters, when released from the dominion of the user, become a part of the natural surface stream where released, subject to water rights on such stream in the order of their priority. (2) A stream system which arises as a natural surface stream and, as a natural or man-induced phenomenon, terminates within the state of Colorado through naturally occurring evaporation and transpiration of its waters, together with its underflow and tributary waters, is a natural surface stream subject to appropriation as provided in subsection (1) of this section.

C.R.S. § 37-82-102 Priority of right to spring water

37-82-102. Priority of right to spring water. All ditches constructed for the purpose of utilizing the waste, seepage, or spring waters of the state shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the water of running streams; but the person upon whose land the seepage or spring waters first arise shall have the prior right to such waters if capable of being used upon his lands.

C.R.S. § 37-82-103 Appropriation of natural springs

37-82-103. Appropriation of natural springs. The waters of natural flowing springs may be appropriated for all beneficial uses, and the priorities of such appropriations may be determined as provided by law. If it is found that the water of any such springs is not tributary to any natural stream, the determinations shall fix the rights of appropriators from such springs among themselves.

C.R.S. § 37-82-104 Not to impair vested rights

37-82-104. Not to impair vested rights. Nothing in sections 37-82-103 to 37-82-105 shall be construed to amend or repeal section 37-82-102; or impair, diminish, or destroy any valid appropriation of water for any beneficial use which has been made or decreed in accordance with law; or modify, amend, or affect any decree of court or the statutes limiting the time wherein appropriators must appear for determination of priorities of right for diversions from natural streams or the decisions of the courts construing the statutes.

C.R.S. § 37-82-105 Interference with flow - damages

37-82-105. Interference with flow - damages. Any person, association, or corporation who, without lawful right so to do, causes any diminution of or obstruction or interference with the flow of waters from any such natural springs to the injury of any appropriator of any such waters shall be liable in damages to the injured party to the amount of such injury.

C.R.S. § 37-82-106 Right to reuse of imported water

37-82-106. Right to reuse of imported water. (1) Whenever an appropriator has lawfully introduced foreign water into a stream system from an unconnected stream system, such appropriator may make a succession of uses of such water by exchange or otherwise to the extent that its volume can be distinguished from the volume of the streams into which it is introduced. Nothing in this section shall be construed to impair or diminish any water right which has become vested. (2) To the extent that there exists a right to make a succession of uses of foreign, nontributary, or other developed water, such right is personal to the developer or his successors, lessees, contractees, or assigns. Such water, when released from the dominion of the user, becomes a part of the natural surface stream where released, subject to water rights on such stream in the order of their priority, but nothing in this subsection (2) shall affect the rights of the developer or his successors or assigns with respect to such foreign, nontributary, or developed water, nor shall dominion over such water be lost to the owner or user thereof by reason of use of a natural watercourse in the process of carrying such water to the place of its use or successive use.

C.R.S. § 37-82-107 Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created

37-82-107. Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created. (1) The general assembly hereby declares that: (a) Fire suppression ponds are essential for the protection of public safety and welfare; and (b) Based on this declaration, the state engineer is authorized to review applications and designate ponds as fire suppression ponds in accordance with this section. (2) A board of county commissioners, in consultation with its fire protection district or fire authority, may apply to the state engineer pursuant to section 37-80-124 for the designation of a pond within the borders of the county as a fire suppression pond. (3) (a) Before applying for the designation of a pond as a fire suppression pond, a board of county commissioners, in consultation with its fire protection district or fire authority, shall: (I) Identify ponds in locations where the outbreak of a fire could result in a major wildfire disaster; (II) Perform a needs assessment of each such pond, which needs assessment shall be completed within one year after the board provides the notice described in subsection (3)(a)(III) of this section; and (III) For each pond that is identified and under consideration as a potential fire suppression pond, provide notice of such fact to the state engineer, which notice must indicate the location and approximate surface area of the pond. (b) In performing a needs assessment pursuant to subsection (3)(a)(II) of this section, a board of county commissioners, in consultation with its fire protection district or fire authority, shall: (I) Identify the refill mechanism of the pond, whether by: (A) Groundwater; (B) Diversion on the stream channel; (C) Diversion off the stream channel; or (D) Well; and (II) Apply the criteria established pursuant to rules promulgated by the director of the division of fire prevention and control pursuant to subsection (5) of this section. (c) If a pond that is under consideration for designation as a fire suppression pond is located in whole or in part upon private property, a board of county commissioners shall acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond. (d) If a board of county commissioners has notified the state engineer pursuant to subsection (3)(a)(III) of this section that a pond is under consideration as a fire suppression pond, the board shall notify the state engineer promptly if and when the pond is no longer under such consideration. (4) Unless otherwise required by law or as needed to address dam safety concerns, the state engineer shall not order any pond to be drained or backfilled or proceed with any existing order to drain or backfill a pond: (a) If the state engineer has received notice pursuant to subsection (3)(a)(III) of this section that the pond is under consideration by a board of county commissioners for designation as a fire suppression pond, during the pendency of that consideration; or (b) If the state engineer has designated the pond as a fire suppression pond pursuant to section 37-80-124 and the pond is operating in accordance with the designation. s received notice pursuant to subsection (3)(a)(III) of this section that the pond is under consideration by a board of county commissioners for designation as a fire suppression pond, during the pendency of that consideration; or (b) If the state engineer has designated the pond as a fire suppression pond pursuant to section 37-80-124 and the pond is operating in accordance with the designation. (c) Repealed. (5) (a) On or before May 1, 2023, the director of the division of fire prevention and control in the department of public safety, pursuant to the director's authority under section 24-33.5-1203.5, shall promulgate rules establishing criteria for boards of county commissioners, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds, as described in subsection (3) of this section. At a minimum, the criteria must require that a fire suppression pond: (I) Be readily accessible by a fire protection district, fire authority, fire department, or other firefighting entity; (II) Be located in the wildland-urban interface or another location that faces an elevated threat of fire risk; and (III) Be located in an area without timely or adequate access to fire hydrants or other water supplies and where the pond provides a needed supply. (b) Before promulgating the rules described in subsection (5)(a) of this section, the director of the division of fire prevention and control shall solicit and consider input from: (I) The state engineer; (II) Local governments, including counties; (III) Water providers; (IV) Fire protection districts, fire authorities, and other firefighting entities; and (V) Basin roundtables. (6) Notwithstanding any provision of law to the contrary, a fire suppression pond and the water associated with it: (a) Are not considered a water right, as defined in section 37-92-103 (12); (b) Do not have a priority, as defined in section 37-92-103 (10); and (c) May not be adjudicated pursuant to section 37-92-302. (7) The division of fire prevention and control in the department of public safety, subject to available appropriations, may provide financial support to a board of county commissioners to facilitate the board's acquisition of augmentation water for ponds that satisfy the criteria established by rules promulgated pursuant to subsection (5) of this section but are not designated as fire suppression ponds.