County, Opinion

Guest Editorial: What is a water right? Do you really need one?

RBC I As we come to the close of the year, the decision about whether to file for water rights becomes important. First, it helps to understand what a water right is. For those of you not on a city or municipal system, such as rural properties located outside of city limits, chances are you get water for your household and outdoor use from a well, or by diverting from a nearby spring, river or stream.

The State of Colorado actually owns all water in the state, but it allows its citizens to use it to the extent of their need, when water is available, whether the water right has been decreed, or not.
A water right arises by virtue of its appropriation or application of the water to a beneficial use. Examples of water use include domestic, irrigation, livestock watering, wildlife watering, recreation and fishery uses, to name a few.
A decree for a water right assigns a priority to the use of the water and secures a place in line for the water right during times of scarcity. A priority is obtained by applying for and obtaining a water decree from the state Water Court.
The year the water application is filed with the Water Court establishes the priority date by which it will be administered in relation to other decreed water rights, also referred to as the adjudication date. Water rights decreed within that year are administered based on the date the water right is actually put to use or the date the water user establishes the intent to put the water to use in the future, referred to as the appropriation date.
For example, a water application filed with the Water Court up until Dec. 31 of this year will receive a priority date of 2014. This water right will be behind, or junior, to all water rights filed in 2013 or before, yet senior to anything filed on or after Jan. 1, 2015. So, a 2014 water right with an appropriation date of 7/1/1919 will be satisfied before a 2014 water right with an appropriation date of 6/15/1972.
It is only when there is not enough water to satisfy all the decreed water rights on a particular stream system and a water right holder requests administration by the Division of Water Resources, the state agency that manages Colorado’s water, that the priority system kicks in. This is also referred to as a call.
The basic purpose of the call is to “call out” or curtail junior water rights in order to make water available to the senior water right so it may use its full decreed amount of water.
Water users diverting water without the protection of a water decree are the first to be shut off, or ordered not to divert, so that the decreed water users may receive the water.
For example, the adjustments made to headgates on the White River above Meeker were made in 2002 and 2012 by the water commissioner. These were made to avoid a call as well as protect water released from Lake Avery to sustain flows in the White River for fishery reasons.
Piceance Creek is subject to administration annually. A list of calls can be found on the Colorado Division of Water Resources (DWR) or Colorado Decision Support System (CDDS) website.
Water rights may be obtained for surface water, ground water and to store water in ponds, lakes, reservoirs, etc. The right to use surface water and to store surface water exists whether or not one has a water decree. However, drilling a well or building a pond or other type of storage structure that uncovers ground water cannot occur without first obtaining a well permit from the state.
Whether you actually need a decreed water right depends on the amount of certainty required that the particular water use will be available, when needed.
Because Colorado allows the use of its water with or without a water decree, when not needed by decreed water rights, the ability to divert depends on the amount of available water in the system at any given time.
With increased water use and an unpredictable and fluctuating water supply, administration will, undoubtedly, become more frequent. That means that instances in which undecreed, and/or junior water rights are called out to satisfy more-senior decreed water rights, will increase.
It is safe to say that if certainty of a dependable and reliable water supply isn’t a priority, then the process of obtaining a decree for that particular water right may not be important. However, if certainty is crucial, the time to obtain a 2014 priority date ends Dec. 31.

Margaret O’Donnell, Esq., of the Law Firm of Margaret O’Donnell has assisted clients in obtaining water rights in Rio Blanco, Routt and Moffat counties.

Comments are closed.

Come say hi!

@ht.1885
  • Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
  • The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
  • It's that time again! Another edition of great local news stories is 
🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week.
Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! 
We appreciate all your continued support!
  • It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
  • Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
  • Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
  • Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
  • Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
  • A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
Jake Blazon at bat for the Meeker Cowboys. The MHS team brought home two wins against Olathe and lost two against the North Fork Miners. The location for this weekend’s games has not been announced due to weather and field conditions. Read the full story online at ht1885.com.
10 hours ago
View on Instagram |
1/9
The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
The 2024 Meeker High School boys basketball team held their awards banquet last week. Jace Mobley was named Player of the Western Slope League and all-conference, Ryan Sullivan all-conference, Jonathon Fitzgibbons all-conference, Ethan Quinn honorable mention all-conference, Jacob Simonsen honorable mention all conference. Mobley will play in All State games. Coach Klark Kindler was named Western Slope Coach of the Year. Left to right: Bryan Rosas, Simonsen, Quinn, Fitzgibbons, Mobley and Sullivan.
11 hours ago
View on Instagram |
2/9
It's that time again! Another edition of great local news stories is 
🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week.
Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! 
We appreciate all your continued support!
It's that time again! Another edition of great local news stories is 🐰 Hopping 🐰 your way this morning! Catch up on everything thats 🐣 hatching 🐣 in Rio Blanco County this week. Need a copy? Signing up is fast and easy! Visit our website at ht1885.com/subscribe to get a copy sent to your door every week! We appreciate all your continued support!
16 hours ago
View on Instagram |
3/9
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
It’s getting late, do you know where your kids are? Read all the Rio Happenings for this week in print or online at ht1885.com.
2 days ago
View on Instagram |
4/9
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line.  The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale.
Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch.  See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
Mormon crickets have hatched near Rangely. They were all sighted on BLM land north of Hwy. 64 near the junction of CR 96 and CR 1, down a dirt road near the Moffat County line. The picture shown was taken yesterday by Mary Meinen from Rangely. She says the crickets are about the size of a ladybug (less than 1/2”). Some of them are actually yellow in color but most of them are darker. They are milling around and getting ready to start moving soon. Note: Photo is not to scale. Rio Blanco County and the White River and Douglas Creek Conservation Districts are still asking for your help to identify additional hatch-outs of crickets so that control efforts can be put in place. The success of the program will highly depend upon local landowners and the public helping to locate crickets as soon as they hatch. See last week’s paper for a list of ways to help or contact the County Weed & Pest District at 970-878-9670 or the Conservation District office at 970-878-9838 with any questions. Website: www.WhiteRiverCD.com
2 days ago
View on Instagram |
5/9
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
Read part three of the story of M.T. Streeter in this week’s edition of History Lessons! Find it in this week’s edition and online at ht1885.com.
3 days ago
View on Instagram |
6/9
Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
Meeker FFA Chapter members competed at the District Leadership Development Event in Craig, Colorado, this month. Top row from left to right: Eva Scritchfield, Charlie Rogers, Alan Rivera, Trent Sanders, Koy Weber, Orion Musser, Said Rodriguez, Carlos Carrillo, Aidan Tapia, Hayden Garcia, Tristan Rollins, Mathew Willey, Quentin Simpson. Middle row: Sidney Keetch, Aurora Stallings, Sydnie Ross, Ava Nay, Lili Piper, Leah Wood. Bottom Row: Jaicee Simmons, Kailynn Watson, Cody Richardson, Kayla Castillo, Braydin Raley, Autumn Stallings, Aimee Shults, Emily Hamm. Read the full story online at ht1885.com.
3 days ago
View on Instagram |
7/9
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
Choose-your-own-adventure…. Hear from our Editor in this week’s edition and online at ht1885.com.
4 days ago
View on Instagram |
8/9
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
A crew from the Flat Tops Chapter of the Rocky Mountain Elk Foundation joined forces last summer to remove obsolete fences to improve habitat for wildlife. Read the full story and the foundation’s update from their 30th Anniversary meeting in this week’s edition and online at ht1885.com.
5 days ago
View on Instagram |
9/9

Thank you, advertisers!