Chapter 8 - § 8.4 • CHANGES TO WATER RIGHTS

• Jurisdiction: Colorado

§ 8.4 • CHANGES TO WATER RIGHTS

With changes in water rights, the commission cannot issue an approval that would materially injure another vested water right. The Commission Rules⁵⁸ provide the applicant a process whereby the applicant, by following the rules, can have a rebuttable presumption of no material injury to other vested designated ground water rights.⁵⁹ Typically, the applicant can satisfy his or her burden by computing the average annual historic use of designated ground water over a minimum of the last 10 years.⁶⁰

A well owner is required to get commission approval prior to implementing any change to the terms and conditions of a well permit, a determination of water right, or a replacement plan. A change in water right may include, but is not limited to, a change in acreage served; volume of appropriation; place, time, or type of use; or of any well location, either conditional or final.⁶¹ The following are general procedures associated with changes in water rights.

1) To obtain a change in water right, an application for the requested change is submitted in accordance with the provisions of C.R.S. § 37-90-111(1)(g). A non-refundable application fee is required for each well permit or determination of water right requesting a change in use.
2) The application is evaluated in accordance with C.R.S. § 37-90-111(1)(g) and Commission Rule 7.0. The commission uses standard application forms for various standard types of change requests. These application forms are (1) change of description of acres; (2) alternate point of diversion; (3) commingling of wells; and (4) expanded acres/change of use/relocation of well. The forms for categories (3) and (4) also include an Applicant's Statement, whereby an applicant agrees to certain standard conditions applicable to such approvals (e.g., agreeing to pay for the cost of future administration of the requested change). All the application forms are available at http://water.state.co.us.
3) The commission seeks recommendations from the local ground water management district board if the subject water right is within the boundaries of a ground water management district (C.R.S. § 37-90-111(3)). A district recommendation may include information related to current water use from the well.
4) In the event that the change of water right involves the export of water outside the boundaries of a local ground water management district, the commission, pursuant to Commission Rule 7.7.4, can approve the change of

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