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Tuesday, January 25, 2005

Water Law

Question: Do you know where you get your water, and who owns that water?

Water Law is complicated and constantly changing and can be different in different states. Utah water law is based on water rights. This is consitant with many places, such as Colorado, Arizona, California, and others. Water rights are defined by the state, Arizona's are here.

In Colorado it is "First in time, first in right". This means that if you were the first one to use and claim the water, you have the first water rights. The best rights in Colorado date back to
the early 1800's. These are also the most expensive. The newer water rights are not as expensive but they also don't get all the water that they have claim to. That is, if a water right holder has superior rights, those that came first, that holder has first chance at using the water. If the junior rights want the water, they must wait if the superior rights are using the water. If the junior rights are using the water and the superior right holder wants the water, the junior holder must stop using the water until the senior right holder is done, and hope that their is enough water left.

Utah has the same policy. However there have been changes to Utah water rights in the last few years. Stated in the Utah water law link above, "The present water law system provides a uniform statewide program and is flexible enough to allow the State Engineer to consider administrative and management options to fit varying conditions throughout the state. "


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