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

Colo. Rev. Stat. § 37-87-101 (2026)

Storage of water

✓ current as of July 2026
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(1) (a) The right to store water of a natural stream for later application to beneficial use is recognized as a right of appropriation in order of priority under the Colorado constitution. No water storage facility may be operated in such a manner as to cause material injury to the senior appropriative rights of others. Acquisition of those interests in real property reasonably necessary for the construction, maintenance, or operation of any water storage reservoir, together with inlet, outlet, or spillway structures or other facilities necessary to make such reservoir effective to accomplish the beneficial use or uses of water stored or to be stored therein, may be secured under the laws of eminent domain.

(b) State agencies shall, to the maximum extent practicable, cooperate with persons desiring to acquire real property for water storage structures.

(2) Underground aquifers are not reservoirs within the meaning of this section except to the extent such aquifers are filled by other than natural means with water to which the person filling such aquifer has a conditional or decreed right.

(3) (a) Water attributable to a water right for which a previous change of water right has been judicially approved, that has been decreed for storage, and for which the historical consumptive use was previously quantified may be stored in any reservoir that is located on the same ditch or diversion system, including a nontributary aquifer if the requirements of subsection (2) of this section are complied with, as an alternate place of storage if:

(I) The water that is to be stored at the alternate place of storage is diverted from a point of diversion that has already been decreed for that water right;

(II) The owner or operator of the storage water right gives previous notice to the division engineer that identifies the water right, alternate place of storage, decreed point of diversion, and how the storage of the water in the alternate place of storage will be accounted for;

(III) Transit and ditch losses, if applicable, are assessed against the water right from the decreed point of diversion to the alternate place of storage; and

(IV) The division engineer has approved the accounting for the storage of the water in the alternate place of storage.

(b) A person who is entitled to claim injury to a water right has the right to a de novo hearing before the water court to argue that an alternate place of storage injures the person's water right.

(c) Nothing in this subsection (3) allows the storage of water in an alternate place of storage if that water was imported from another water division.

(d) Other than the place of storage, all of the terms and conditions of the previous change of water right decree continue to apply to the water right.

Source: L. 1879: p. 106, § 38. G.S. § 1724. R.S. 08: § 3202. C.L. § 1682. L. 35: p. 661, § 1. CSA: C. 90, § 79. CRS 53: § 147-5-1. C.R.S. 1963: § 148-5-1. L. 79: Entire section amended, p. 1367, § 3, effective June 22. L. 84: (1) R&RE, p. 961, § 1, effective April 30. L. 86:

(1) R&RE, p. 1087, § 1, effective July 1. L. 2003: (1) amended, p. 1368, § 3, effective April 25. L. 2017: (3) added, (HB 17-1291), ch. 338, p. 1804, § 1, effective August 9.

Cross references: For proceedings and procedures for taking private property for public use, see § 15 of art. II, Colo. Const., and article 1 of title 38; for condemnation of property and water rights by cities and towns, see article 6 of title 38.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1984–2022 · leading case: Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002).
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Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002). · cites it 59× “§ 37-87-101. Furthermore, although I agree that the Landowners here made an insufficient showing to defeat summary judgment, I do not dismiss their claims of ownership in the absolutist manner in which the majority does.”
City of Aurora v. ACJ P'ship, 209 P.3d 1076 (Colo. 2009). · cites it 3× “This statute provides that "Isltate agencies shall to the maximum extent practicable, cooperate with persons desiring to acquire real property for water storage structures.”
Bd. of Cnty. Commissioners v. Upper Gunnison River Water Conservancy Dist., 838 P.2d 840 (Colo. 1992). · cites it 2× “§ 37-87-101(1), 15 C.R.S. (1990); Fort Lyon Canal Co.”
City of Black Hawk v. City of Cent., 97 P.3d 951 (Colo. 2004). “3, § 37-87-101(1)(b), 2003 Colo. Sess. Laws 1367 , 1368.”
Se. Colorado Water Conservancy Dist. v. Fort Lyon Canal Co., 720 P.2d 133 (Colo. 1986). “” § 37-87-101(1), 15 C.R.S. (1985 Supp.). Thus storage rights, like direct-flow rights, are administered under the Water Right Determination and Administration Act of 1969.”
Fort Lyon Canal Co. v. Amity Mut. Irrigation Co., 688 P.2d 1110 (Colo. 1984). “We agree with this contention. The Colorado General Assembly has declared that “[t]he right to store water of a natural stream for later application to beneficial use is recognized as a right of appropriation under the Colorado constitution.”
Water Rights of Columbine Assocs. v. Columbine Assocs., 993 P.2d 483 (Colo. 2000). “See § 37-87-101(1), 10 C.R.S. (1999); Board of County Comm’rs v.”
The Farmers Reservoir & Irrigation Co., Applicant-Appellant/Cross-Appellee v. Pub. Serv. Co. of Colorado Irrigationists Ass'n Cent. Colorado Water Conservancy Dist. Fort Morgan Reservoir & Irrigation Co. City of Brighton City of Com. City Henrylyn Irrigation Dist. South Adams Cnty. Water & Sanitation Dist. Town of Lochbuie Platte Valley Irrigation Co. City of Englewood City of Aurora Lower Latham Reservoir Co. Dream Weaver Holdings LLC City of Thornton Centennial Water & Sanitation Dist. Kevin Rein, State Eng'r & Corey DeAngelis, Div. Eng'r for Water Div. 1 & Opposer-Appellees/Cross-Appellants: Arapahoe Cnty. Water & Wastewater Auth., East Cherry Creek Valley Water & Sanitation Dist., & United Water & Sanitation Dist.., 2022 CO 22 (Colo. 2022). · cites it 2× “¶38 For example, the right may not be exercised in a manner that would cause injury to other water users: "No water storage facility may be operated in such a manner as to cause material injury to the senior appropriative rights of others.”
Colo. Rev. Stat. § 37-87-101(1): 5 cases
Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002). “§ 37-87-101. Furthermore, although I agree that the Landowners here made an insufficient showing to defeat summary judgment, I do not dismiss their claims of ownership in the absolutist manner in which the majority does.”
Bd. of Cnty. Commissioners v. Upper Gunnison River Water Conservancy Dist., 838 P.2d 840 (Colo. 1992). “§ 37-87-101(1), 15 C.R.S. (1990); Fort Lyon Canal Co.”
Se. Colorado Water Conservancy Dist. v. Fort Lyon Canal Co., 720 P.2d 133 (Colo. 1986). “” § 37-87-101(1), 15 C.R.S. (1985 Supp.). Thus storage rights, like direct-flow rights, are administered under the Water Right Determination and Administration Act of 1969.”
Fort Lyon Canal Co. v. Amity Mut. Irrigation Co., 688 P.2d 1110 (Colo. 1984). “We agree with this contention. The Colorado General Assembly has declared that “[t]he right to store water of a natural stream for later application to beneficial use is recognized as a right of appropriation under the Colorado constitution.”
Water Rights of Columbine Assocs. v. Columbine Assocs., 993 P.2d 483 (Colo. 2000). “See § 37-87-101(1), 10 C.R.S. (1999); Board of County Comm’rs v.”
Colo. Rev. Stat. § 37-87-101(1)(a): 1 case
The Farmers Reservoir & Irrigation Co., Applicant-Appellant/Cross-Appellee v. Pub. Serv. Co. of Colorado Irrigationists Ass'n Cent. Colorado Water Conservancy Dist. Fort Morgan Reservoir & Irrigation Co. City of Brighton City of Com. City Henrylyn Irrigation Dist. South Adams Cnty. Water & Sanitation Dist. Town of Lochbuie Platte Valley Irrigation Co. City of Englewood City of Aurora Lower Latham Reservoir Co. Dream Weaver Holdings LLC City of Thornton Centennial Water & Sanitation Dist. Kevin Rein, State Eng'r & Corey DeAngelis, Div. Eng'r for Water Div. 1 & Opposer-Appellees/Cross-Appellants: Arapahoe Cnty. Water & Wastewater Auth., East Cherry Creek Valley Water & Sanitation Dist., & United Water & Sanitation Dist.., 2022 CO 22 (Colo. 2022). “¶38 For example, the right may not be exercised in a manner that would cause injury to other water users: "No water storage facility may be operated in such a manner as to cause material injury to the senior appropriative rights of others.”
Colo. Rev. Stat. § 37-87-101(1)(b): 1 case
City of Black Hawk v. City of Cent., 97 P.3d 951 (Colo. 2004). “3, § 37-87-101(1)(b), 2003 Colo. Sess. Laws 1367 , 1368.”
Colo. Rev. Stat. § 37-87-101(2): 1 case
Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002). “§ 37-87-101. Furthermore, although I agree that the Landowners here made an insufficient showing to defeat summary judgment, I do not dismiss their claims of ownership in the absolutist manner in which the majority does.”
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