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Show PART II PRESENT STATUS OF IRRIGATION Water Rights The use of water in the Upper Colorado Region is governed by a se- ries of documents known as "The Law of the River" and State water laws. "The Law of the River" includes the 1922 Colorado River Compact, the l^kk Mexican Water Treaty, the 19^8 Upper Colorado River Basin Compact, and other compacts along with authorizing project acts and other documents. These documents govern the use of water from the Colorado River system on an international and interstate basis. (See Appendix III for a detailed coverage of these documents and State water laws.) The right to use water within compact allotments is controlled by the States, and water rights are acquired by appropriation in accordance with State water laws. Water right laws were initiated in the basin as early as 1869 in Wyoming and 1876 in Colorado with other States following around the turn of the century. Early enactment of water laws stemmed from the rapid development of irrigation and mining and the resulting disagreements and conflicts between water users under the same ditch, canal, or river system. These early laws were the basis for establishing water use prior- ities and limits of use. Refinements and additions to these early laws were the basis for water codes and statutes adopted independently by all the Basin States shortly after 1900. Although the water laws have under- gone periodic revision, many of the original principles are still in use. While early laws were enacted to control the use of surface water, ground water laws have since been adopted. Although State procedures for acquiring water rights vary, many basic laws are similar. In each State water is considered the property of the public, and the right to use the water is granted only by follow- ing set procedures. These procedures normally include: (l) filing an application to appropriate water or a statement of claim, (2) construct- ing works necessary to divert or impound water, and (3) applying the wa- ter to beneficial use. The rights are based on the principle of prior appropriation which operates on the rule of "first in time is first in right. " In general the limit of the right is based on beneficial use. Differences include variation in the amount of water per acre which may be allowed., the priority or preference applied to various uses, and variation in procedures for acquisition, adjudication, and readjudica- tion of rights. In most States the water is not irrevocably tied to the land, and -the point of diversion, nature, and place of use can be changed if other vested rights are not impaired. In Wyoming, however, the water with few exceptions is appurtenant to the land or place of original use. |
