In the Colorado Constitution, Sections 7 & 8 cover the "right of
way" across land for constructing waterways for those mentioned uses, and
establishing rates for water use. Obviously lots of tweaking has occurred with
water rights since 1876, but the state still has a tight hold on water. Since
the public owns the water, people only get the right to USE the water and only
if it's for an ACCEPTABLE USE. Also there is a "pecking order" of who
gets to use water, like from a river, before other people get to use it.
This means that in order to do something like build a water fountain in
your backyard, unless you want to use your domestic, drinkable water, lots of
issues would need to be addressed first. You would definitely need a permit.
Whether or not you could get a permit would depend on if you were disturbing a
shallow water table beneath your yard, if you even have the right to store
water, if you would be "impounding water" (like a dam) above the
ground's surface, where you would get the water for filling the fountain, etc.
In another example, let's say you wanted to buy a house with a plot of
land or a farm with some acreage. You'd need to make sure you understand where
the potable, or drinkable, water comes from. If you are interested in real
estate, make sure you notice on the listing contract, the sales contract,
and/or the seller's property disclosure information about the water source. The
drinkable water could come from a well, a company or municipality, or neither,
in which case the water source has to be mentioned. For example, it could be a
cistern that you need to refill by hauling water in a tank with a truck. If
other water is needed for animals, gardens, or fields, it is important to find
out if stocks are needed to purchase the use of that water, whether it comes
canals or ditches, and whether using that water involves an additional purchase
and real estate deed. Water doesn't automatically go with the land; it's
treated as a separate transaction.
No comments:
Post a Comment