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Ms. Yoxey represents Colorado municipalities, special districts, businesses and individuals in water rights law evaluation, acquisition, protection and transfer. She works in all areas of Colorado water law, including applications for conditional and absolute water rights, changes of water rights, exchanges and plans for augmentation. Ms. Yoxey handles matters involving direct flow and storage rights in tributary, nontributary and not nontributary ground water, and native and transmountain surface water flows. In addition, she handles related litigation, including easements and rights-of-way, powers and management of ditch companies, and abandonment of water rights.
For a change in place, time, etc., you must file for a change in use application with the water court in your division. For a change in ownership, contact the water court for the procedure. You will need a copy of the property deed. It is important to remember that a water right is a property right and therefore can be bought and sold, moved, and put to different uses without limitation so long as that change does not injure the vested rights of others.
In Colorado, there is no ownership registry for water rights. The Office of the State Engineer does not have any ownership information. If you want to find out which water rights go with your land, you will have to research the deeds at your county clerk's office. If you want to find out who owns water rights in a particular ditch, you will have to contact the ditch company or the county clerk's office. If you want to find out how many shares of water rights you have in a particular ditch, contact the ditch company.
I have found that I have water rights on this ditch that runs through my property. I have owned the property for many years and have never irrigated out of this ditch. Can I still use this water?
Abandonment of a water right is defined as ". . . the 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." It is very important to note that the intent to abandon is required concurrent with non-use for a water right to be declared abandoned. Also note that if a person who owns a conditional water right fails to file a timely application with the court fulfilling the diligence requirements, that water right can be declared abandoned. Every ten years, the Divsion Engineer prepares an abandonment list which contains water rights that are believed to be either completely or partially abandoned. Contact the Division of Water Resources to determine if your water rights have been placed on the abandonment list.
You should contact the ditch company or the owner of the ditch. According to Colorado water rights law, the owner or person in control of any canal or ditch used for irrigation is responsible for maintaining the ditch or canal. The ditch or canal must be able to receive water by April 1 each year, so far as reasonably possible. All necessary outlets must be in good repair. The ditch owners must also maintain the embankments of the ditch in a manner that prevents flooding or damage to the property of others.
A number of additional regulations regarding ditches, headgates, and measuring flumes exist. For more information, contact the Office of the State Engineer or your Division Engineer.