Colorado Revised Statutes

Colo. Rev. Stat. § 37-92-201 (2026)

Water divisions

✓ current as of July 2026

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(1) For the purposes of this article, the following water divisions are hereby established:

(a) Division 1: Division 1 consists of all lands in the state of Colorado in the drainage basins of the South Platte river, the Big Laramie river, the Arikaree river, the north and south forks of the Republican river, the Smokey Hill river, Sandy and Frenchman creeks, and streams tributary to said rivers and creeks.

(b) Division 2: Division 2 consists of all lands in the state of Colorado in the drainage basins of the Arkansas river and the Dry Cimarron river, and streams tributary to said rivers.

(c) Division 3: Division 3 consists of all lands in the state of Colorado in the drainage basin of the Rio Grande and all of its tributaries, and all lands in the drainage basins of the San Luis creek, Saguache creek, Tuttle creek, Carnero creek, La Garita creek, Sand or Medano creek, Big Spring creek, Little Spring creek, Mosca creek, Sierra Blanca creek, and all of their tributaries, and all lands in the drainage basins of all other creeks between Trinchera creek and Sand or Medano creek, and lands in the drainage basins of all other creeks which have their sources of water supply in the La Garita mountains and flow eastward into the San Luis valley.

(d) Division 4: Division 4 consists of all lands in the state of Colorado in the drainage basins of the Gunnison river and all of its tributaries, the Little Dolores river, the San Miguel river, and that portion of the Dolores river and its tributaries north of the north township line of Township 45 North, New Mexico Principal Meridian.

(e) Division 5: Division 5 consists of all lands in the state of Colorado in the drainage basins of the Colorado river and all of its tributaries arising within Colorado, with the exception of the Gunnison river.

(f) Division 6: Division 6 consists of all lands in the state of Colorado in the drainage basins of the White river, the Yampa or Bear river, the Green river, the North Platte river, and all of their tributaries.

(g) Division 7: Division 7 consists of all lands located in the southwest corner of the state of Colorado and in the drainage basins of the San Juan river, Rio Piedra, Rio Las Animas, Los Pinos river, La Plata river, Rio Mancos and streams tributary to said rivers and creeks as well as that portion of the Dolores river and its tributaries lying south of the north line of Township 45 North, New Mexico Principal Meridian.

Source: L. 69: p. 1202, § 1. C.R.S. 1963: § 148-21-8. L. 2009: (1)(e) and (1)(f) amended, (SB 09-015), ch. 6, p. 57, § 1, effective August 5.

Notes of Decisions

Cited in 10 cases, 1985–2010 · leading case: Colorado Ground Water Comm'n v. North Kiowa-Bijou Groundwater Mgmt. Dist., 77 P.3d 62 (Colo. 2003).

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Colorado Ground Water Comm'n v. North Kiowa-Bijou Groundwater Mgmt. Dist., 77 P.3d 62 (Colo. 2003). · cites it 2× “See §§ 37-92-201 to -305. [10] Designated ground water, nontributary ground water, and Denver Basin ground water are similar in character in that they are not hydraulically connected to the flow of a natural surface stream.”

V Bar Ranch LLC v. Cotten, 233 P.3d 1200 (Colo. 2010). “" § 37-92-201, -203; Ft. Lyon Canal Co. v. Catlin Canal Co.”

East Jordan Irrigation Co. v. Morgan, 860 P.2d 310 (Utah 1993). · cites it 2× “We note that Idaho followed Colorado for some time but changed its position by statute in 1943 to provide explicitly what the Utah statute provides for implicitly, namely, that a shareholder may not change its point of diversion without the consent of the corporation.”

City & Cnty. of Denver Ex Rel. Bd. of Water Commissioners v. Colorado River Water Conservation Dist., 696 P.2d 730 (Colo. 1985). “Any adjudication proceedings commenced under the 1943 Act and not concluded by June 1, 1972, "shall be heard from that time on to completion by the water judge for the division in which the proceedings are pending.”

Lake Meredith Reservoir Co. v. Amity Mut. Irrigation Co., 698 P.2d 1340 (Colo. 1985). “§ 37-92-201, 15 C.R.S. (1973). Established in each water division was the position of water judge of the district courts of all counties situated entirely or partly within the division.”

City & Cnty. of Denver Ex Rel. Bd. of Water Commissioners v. City of Englewood, 826 P.2d 1266 (Colo. 1992). · cites it 2× “! 11 ! Similarly, under the postponement doctrine as enunciated in the 1969 Act, the priority dates establish the relative priorities of water rights filed in the same calendar year: With respect to each division described in section 37-92-201, the priority date awarded for…”

Purgatoire River Water Conservancy Dist. v. Witte, 859 P.2d 825 (Colo. 1993). · cites it 2× “The priority system is prescribed and explained in § 37-92-306, as follows: With respect to each [water] division described in section 37-92-201, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of…”

United States v. Jesse, 744 P.2d 491 (Colo. 1987). “Owing to the complexity of the case, the water court for Water Division No.”

Park Ctr. Water Dist. v. United States, 781 P.2d 90 (Colo. 1989). · cites it 3× “With respect to each division described in section 37-92-201, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of the amount and priority thereof filed in such division during each cal *94 endar year…”

People ex rel. Hal D. v. Nine Mile Canal Co., 828 F. Supp. 823 (D. Colo. 1993). · cites it 2× “Colo.Rev.Stat. § 37-92-201 (1990 Repl.Vol.”

— Colo. Rev. Stat. § 37-92-201(l)(b) — 1 case

Park Ctr. Water Dist. v. United States, 781 P.2d 90 (Colo. 1989). “With respect to each division described in section 37-92-201, the priority date awarded for water rights or conditional water rights adjudged and decreed on applications for a determination of the amount and priority thereof filed in such division during each cal *94 endar year…”

— Colo. Rev. Stat. § 37-92-201(l)(e) — 1 case

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