In Colorado, there is no ownership registry for water rights, and the Office of the State Engineer does not have ownership information. To determine which water rights go with your land, you must research the deeds at your county clerk’s office.
Contact the ditch company to find out how many shares of water rights you have in a particular ditch.
Using Water that Runs Through Your Property
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 essential 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 Division Engineer prepares an abandonment list containing water rights 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.
Transfer of Water Rights
Water rights are conveyed as real property interests using the same formalities as real estate, with certain exceptions. Transfers are typically done with a deed, recorded in the clerk and recorder’s office, just as deeds for land. Conveyance of a groundwater right requires that a “Change of Ownership” form for the well permit be submitted to the State Engineer’s Office. Mutual Ditch Company shares are transferred by completing an assignment form or slip assignment for the stock certificate. The Ditch Company will issue a new stock certificate and record the change of ownership in its stockholder registry. The vesting deed should also mention the conveyance of stock to provide notice in a recorded instrument.
When purchasing land with a well or surface right, the water right must be identified and understood so that both seller and buyer can agree on what rights are to be conveyed in the transaction. A buyer must obtain as much information as possible about the water rights to ensure that the seller has adequate title to the water rights that they purport to own. Recorded documents do not always reveal the whole picture for the chain of title or conditions of use. Records for water rights are notoriously sloppy and incomplete. Research into the State Engineer’s Office and Water Court records is often required. A skilled water law attorney may be required to locate the necessary documents or to issue an opinion regarding the chain of title and use restrictions for a water right.
Repair to a Ditch Running Through Your Property
Contact the ditch company or the owner of the ditch. According to Colorado 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 of each year, as far as reasonably possible. All necessary outlets must be in good repair. The ditch owners must also maintain the ditch’s barriers to prevent flooding or damage to the property of others.
A number of additional regulations regarding ditches, headgates, and measuring flumes exist. Contact the Office of the State Engineer or your Division Engineer for more information.
Please Note: This information is intended to provide a better understanding of the functions of onsite wastewater treatment and the need for proper design, installation, and maintenance. Always consult a licensed professional or public health official with questions regarding the engineering, installation, and servicing of onsite wastewater systems.
