Colo. Rev. Stat. » Title 37
Colorado Revised Statutes

Colo. Rev. Stat. § 37-82-101 (2024)

Waters of natural surface streams subject to appropriation

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) The water of every natural stream, as referred to in sections 5 and 6 of article XVI of the state constitution, includes all the water occurring within the state of Colorado which is in or tributary to a natural surface stream but does not include nontributary groundwater as that term is defined in section 37-90-103. All nontributary groundwater shall be subject to such administration and use as the general assembly may provide by law. Such nontributary waters, when released from the dominion of the user, become a part of the natural surface stream where released, subject to water rights on such stream in the order of their priority.

(2) A stream system which arises as a natural surface stream and, as a natural or man- induced phenomenon, terminates within the state of Colorado through naturally occurring evaporation and transpiration of its waters, together with its underflow and tributary waters, is a natural surface stream subject to appropriation as provided in subsection (1) of this section.

Source: L. 69: R&RE, p. 1219, § 2. C.R.S. 1963: § 148-2-1. L. 79: Entire section R&RE, p. 1366, § 1, effective June 22. L. 85: (1) amended, p. 1166, § 4, effective July 1.

Notes of Decisions
Cited in 9 cases, 1983–2004 · leading case: State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983).
Sort: Relevance Newest Treatment
State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983). · cites it 26× “, section 37-82-101, C.R.S.1973, adopted in 1969 and later repealed and reenacted in 1979; section 37-90-137(5), adopted in 1983 and set forth in note 42, infra.”
Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994). · cites it 8× “5) defines nontribu-tary ground water, in relevant part, as follows: ‘Nontributary Ground Water’ means that ground water, located outside the boundaries of any designated ground water basins[ 25 ] in existence on January 1, 1985, the withdrawal of which will not, within one…”
Qualls, Inc. v. Berryman, 789 P.2d 1095 (Colo. 1990). · cites it 8× “See section 37-82-101, 15 C.R.S. (1989 Supp.); [4] *1103 State v.”
Bayou Land Co. v. Talley, 924 P.2d 136 (Colo. 1996). “at 1318; see also § 37-82-101, 15 C.R.S. (1990) ("All nontributary ground water shall be subject to such administration and use as the general assembly may provide by law.”
Monaghan Farms, Inc. v. City & Cnty. of Denver ex rel. Bd. of Water Commissioners, 807 P.2d 9 (Colo. 1991). · cites it 2× “(1990): "Nontributary ground water" means that ground water, located outside the boundaries of any designated ground water basins in existence on January 1, 1985, the withdrawal of which will not, within one hundred years, deplete the flow of a natural stream, including a…”
Chatfield East Well Co. v. Chatfield East Prop. Owners Ass'n, 956 P.2d 1260 (Colo. 1998). “XVI, §§ 5 & 6; §§ 37-82-101 to - 106, 10 C.R.S. (1997). Rights of use thereto become perfected property rights upon application to beneficial use.”
Trail's End Ranch, L.L.C. v. Colorado Div. of Water Resources, 91 P.3d 1058 (Colo. 2004). “1997); see § 37-82-101, 10 C.R.S. (2003). The legislature long ago established a system for settling conflicting priorities to water rights through a process of adjudication and decree.”
Empire Lodge Homeowners' Ass'n v. Moyer, 39 P.3d 1139 (Colo. 2001). “13 See § 37-82-101, 10 C.R.S. (2001); § 37-92-301(3), 10 C.”
Empire Lodge Homeowners'ass'n v. Moyer, 39 P.3d 1139 (Colo. 2002). “[13] See § 37-82-101, 10 C.R.S. (2001); § 37-92-301(3), 10 C.”
Colo. Rev. Stat. § 37-82-101(1): 2 cases
State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983). “, section 37-82-101, C.R.S.1973, adopted in 1969 and later repealed and reenacted in 1979; section 37-90-137(5), adopted in 1983 and set forth in note 42, infra.”
Qualls, Inc. v. Berryman, 789 P.2d 1095 (Colo. 1990). “See section 37-82-101, 15 C.R.S. (1989 Supp.); [4] *1103 State v.”
Colo. Rev. Stat. § 37-82-101(2): 2 cases
Am. Water Dev., Inc. v. City of Alamosa, 874 P.2d 352 (Colo. 1994). “5) defines nontribu-tary ground water, in relevant part, as follows: ‘Nontributary Ground Water’ means that ground water, located outside the boundaries of any designated ground water basins[ 25 ] in existence on January 1, 1985, the withdrawal of which will not, within one…”
Monaghan Farms, Inc. v. City & Cnty. of Denver ex rel. Bd. of Water Commissioners, 807 P.2d 9 (Colo. 1991). “(1990): "Nontributary ground water" means that ground water, located outside the boundaries of any designated ground water basins in existence on January 1, 1985, the withdrawal of which will not, within one hundred years, deplete the flow of a natural stream, including a…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.