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Show COLORADO 167 use,130 even when there is insufficient water in the source of common supply to meet the demands of all other junior appropriators.131 The uses of junior appropriators, whether they divert from the main stream, a tributary stream,132 or from a ground water source,133 may be curtailed, if necessary, at his request, by the responsible State water officials to satisfy his lawful demand for water,134 subject to the so-called "futile call" rule that "no reduction of any lawful diversion because of the operation of the priority system shall be permitted unless such reduction would increase the amount of water available to and required by water rights having senior priorities." 135 Junior appropriators have a right to have stream conditions con- tinued as they existed at the time of their appropriations.136 Thus, no appropriator may change his manner of diversion and use of water in any way that would alter stream conditions to the injury of appropriators who are junior to him and who are entitled to rely on the continuance of such conditions.137 3.3 Changes, Sales, and Transfers In Colorado, water rights may be sold or transferred freely, sub- ject to certain rules and principles. A change in ownership by sale of a water right, whether or not the right is appurtenant to land, creates no serious problems peculiar to water rights law and is merely the subject of sales, conveyancing, and recording laws. Many changes in ownership, however, are also the occasions of a "change of water right," 138 which is broadly defined to include changes in the type, place or time of use, and changes in point of diversion or storage. A change of water right may be accomplished only with approval of the water judge. An application must be filed with the water clerk.139 The application must set forth a description of the water right for which a change is sought, its amount and priority, and a description of the proposed change.140 The proposed change must be approved if it will not injuriously affect other vested rights.141 If the proposed change would injure other rights, it may be approved subject to terms and conditions proposed either by the applicant or by any person opposed to the application. The terms and conditions may include limitations on use of the water subject to the change, relinquishment of part of the decree for which change is sought or of other decrees used by the applicant, time limitations on diversion of water, and such other conditions as are necessary to protect vested rights.142 Approval may be conditioned on subsequent reconsideration by the water judge on the question of injury to vested rights, or on i«o People v. Hinderlider, tr Colo. 505, 57 P. 2d 894 (1936). ™8tricMer v. Colorado Springs, 16 Colo. 61, 26 Pac. 313 (1891). 132 Id. 133Kuiper v. Well Owners Conservation Association, 490 P. 2d 268 (1971). 13*Colo. Rev. Stat. Ann., sec. 148-21-17(3) (supp. 1969). issColo. Rev. Stat. Ann., sec. 148-21-2(2) (d) (supp. 1969). m Farmers Highline Canal & Res. Go. v. Golden, 129 Colo. 575, 272 P. 2d 629 (1954). 137 Enlarged Southside Irr. Ditch Co. v. John's Flood Ditch Co., 116 Colo. 580, 183 P. 2d 552 (1947). las Colo. Rev. Stat. Ann., sec. 148-21-3(11) (supp. 1969). 139 Colo. Rev. Stat. Ann., sec. 148-21-18 (supp. 1969). "°Colo. Rev. Stat. Ann., sec. 148-21-18(2) (supp. 1971). 141 Colo. Rev. Stat. Ann., sec. 148-21-21(3) (supp. 1969). 142 Colo. Rev. Stat. Ann., sec. 148-21-21(4) (supp. 1969). |
