Frequently Asked Questions

The Doctrine of Prior Appropriation, also known as the Colorado Doctrine, is a fundamental principle in Western water law that governs water rights and distribution. Here's an explanation of the doctrine and its impact on Rainbow Park Water Company's water distribution:

• Definition
  The Doctrine of Prior Appropriation is based on the concept of "first in time, first in right." This means that those who first put water to beneficial use have the senior (oldest) rights to that water.
  
  
• Historical context
  This doctrine originated during the California gold rush in 1848 and was adopted in Colorado during the 1859 gold rush. It became law in Colorado with the writing of the state constitution in 1876.
  
  
• Priority system
  Water rights are prioritized based on the date they were established. Older (senior) rights have priority over newer (junior) rights.
  
  
• Impact on water distribution
  During times of water shortage, senior water rights holders are entitled to receive their full decreed water amount before junior rights holders receive any water. A senior rights holder can place a "call on the river," requiring upstream junior rights holders to stop diverting water until the senior user receives their full entitlement.
  
  
• Application to Rainbow Park Water Company
  The company's water rights, originally acquired from Union Ditch Co., have a specific priority date. In times of water scarcity, the company's ability to divert water may be affected by calls from more senior rights holders on the Arkansas River. Conversely, the company may be able to place calls on junior rights holders to ensure its water supply.
  
  
• Shareholder implications
  The priority of the company's water rights directly affects the amount of water available for distribution to shareholders. During dry years or when senior calls are in effect, the company may have to reduce water allocations to shareholders.
  
  
• Water management
  The company must carefully manage its water rights and diversions in accordance with this doctrine. It may need to work with other water users and the local water commissioner to coordinate water use and respond to calls on the river.
  
  
• Legal considerations
  Any changes to water rights or uses must be approved by the water court to ensure they don't injure other water rights holders.
  
  

Understanding the Doctrine of Prior Appropriation is crucial for Rainbow Park Water Company and its shareholders, as it directly influences water availability and distribution practices, especially during periods of water scarcity.