Appendix 3 - APPENDIX 3A • GLOSSARY

• Jurisdiction: Colorado

APPENDIX 3A • GLOSSARY

Abandonment of a conditional water right: "[T]he termination of a conditional water right as a result of the failure to develop with reasonable diligence the proposed appropriation upon which such water right is to be based." C.R.S. § 37-92-103(1).

Abandonment of a water right: "[T]he termination of a water right in whole or in part as a result of the intent of the owner thereof to discontinue permanently the use of all or part of the water available thereunder. Any period of nonuse of any portion of a water right shall be tolled, and no intent to discontinue permanent use shall be found for purposes of determining an abandonment of a water right for the duration that:

(a) The land on which the water right has been historically applied is enrolled under a federal land conservation program; or

(b) The nonuse of a water right by its owner is a result of participation in:

(I) A water conservation program approved by a state agency, a water conservation district, or a water conservancy district;

(II) A water conservation program established through formal written action or ordinance by a municipality or its municipal water supplier;

(III) An approved land fallowing program as provided by law in order to conserve water;

(IV) A water banking program as provided by law;

(V) A loan of water to the Colorado water conservation board for instream flow use under section 37-83-105(2); or

(VI) Any contract or agreement with the Colorado water conservation board that allows the board to use all or a part of a water right to preserve or improve the natural environment to a reasonable degree under section 37-92-102(3)." C.R.S. § 37-92-103(2).

Acequias: The concept of community irrigation ditches brought to Colorado and the San Luis Valley in the mid-1800s by Spanish settlers, thus delivering water to fields. These ditches were community resources, available for use by anyone who needed water. See San Antonio, Los Pinos & Conejos River Acequia Pres. Ass'n v. Special Improvement Dist. No. 1 of Rio Grande Water Conservation Dist., 270 P.3d 927, 932 n. 2 (Colo. 2011).

Adjudication date: The year in which an application for a water right is filed in water court.

Appropriation: "(a) [T]he application of a specified portion of the waters of the state to a beneficial use pursuant to the procedures prescribed by law; but no appropriation of water, either absolute or conditional, shall be held to occur when the proposed appropriation is based upon the speculative sale or transfer of the appropriative rights to persons not parties to the proposed appropriation, as evidenced by either of the following: (I) The purported appropriator of record does not have either a legally vested interest or a reasonable expectation of procuring such interest in the lands or facilities to be served by such appropriation, unless such appropriator is a governmental agency or an agent in fact for the persons proposed to be benefited by such appropriation. (II) The purported appropriator of record does not have a specific plan and intent to divert, store, or otherwise capture, possess, and control a specific quantity of water for specific beneficial uses. (b) Nothing in this subsection (3) shall affect appropriations by the state of Colorado for minimum streamflows." C.R.S. § 37-92-103(3).

Appropriation date: The date on which the appropriator completed the first step toward the appropriation (i.e., an overt act is taken that openly demonstrates the applicant's intent to appropriate water for beneficial use).

Beneficial use: "[T]he use of that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made. Without limiting the generality of the previous sentence, 'beneficial use' includes: (a) The impoundment of water for firefighting or storage for any purpose for which an appropriation is lawfully made, including recreational, fishery, or wildlife purposes; (b) The diversion of water by a county, municipality, city and county, water district, water and sanitation district, water conservation district, or water conservancy district for recreational in-channel diversion purposes; and (c) For the benefit and enjoyment of present and future generations, the appropriation by the state of Colorado in the manner prescribed by law of such minimum flows between specific points or levels for and on natural streams and lakes as are required to preserve the natural environment to a reasonable degree." C.R.S. § 37-92-103(4).

Change of water right: "[A] change in the type, place, or time of use, a change in the point of diversion . . . , a change from a fixed point of...