All About Water Rights
The historic drought of 2026 has spurred many questions about water rights, administration, and calls that have never happened before. In an effort to debunk some of the intricacies of Colorado water rights, we provide the following facts and resources.
Prior Appropriation System
Water rights in Colorado are goverened by the Prior Appropriation System, meaning "first in time, first in right." In other words, the first person to take water from a stream or underground aquifer, put it to beneficial use, and file for that water right in water court, has the first right to its use. This is the "senior" water right holder. All subsequent claims to that stream or aquifer will be "junior" water rights. In times of limited water resources (like drought), senior water right holders can place a "call" for water, meaning "junior" water right holders will have to turn off their water to meet the senior holder's claim.
Division of Water Resources
The Colorado Division of Water Resources (DWR) administers water rights in the state of Colorado to ensure that waters are diverted in accordance with the Prior Appropriation Doctorine and Colorado state laws.
