In Colorado, the law governing the right to use water is very specialized and it is not safe to assume that the law here is like that in another state. For example, unlike the less arid areas of the United States, a landowner in Colorado has no right to the use of water flowing through or adjacent to his or her land simply because he or she owns the land and the water is there. A water right is created by appropriation, which is the act of diverting of water from its natural course (including springs) and applying the water to a beneficial use such as for irrigation of a crop, domestic use, commercial use, industrial use or mining. It is also possible to appropriate water for fishponds. The earlier the date of the appropriation, the better the water right. Even though a water right may have been created by appropriation, it will not be recognized by others competing for water from the same source unless a court issues a decree confirming that the appropriation was made and its amount and priority. Thus, persons wanting to establish a legal right to use of water will need to obtain such a decree from a Colorado water court. In addition, a permit is required to drill a well and it may be necessary to obtain court approval of a plan for augmentation of the water that will be used through the well. The natural resources attorneys at Bratton Hill, LLC provide representation to help clients establish water rights, evaluate prospective purchases of water rights, change water rights to new uses and a variety of other matters related to the establishment or purchase of water rights as well as the protection of existing water rights. Our firm also has lawyers with experience in application of the regulations of the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA) and other federal and state legislation dealing with natural resources. Our firm has represented clients in local issues arising from mining and currently represents a client involved in coal bed methane gas drilling. Bratton Hill, LLC
232 West Tomichi Avenue
Suite 202
Gunnison, Colorado 81230
Telephone: (970) 641-1903
Fax: (970) 641-1943
E-Mail: dford@brattonhill.com
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