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01-30-2009, 07:57 PM
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Senior Member
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"Happy Thanksgiving"
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Join Date: Nov 2008
Location: Pueblo - Colorado's Second City
2,766 posts, read 1,478,654 times
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Quote:
Originally Posted by jazzlover
Wrong, wrong, wrong. Seniority--first in use, first in right governs. In fact, in order to convert agricultural water rights to municipal use, a complicated process of getting an augmentation plan must be approved. That is why potential municipal purchasers of water rights generally try to acquire the most senior water rights available. The same goes if they are trying to get a point of diversion. As for water rights information, most of that is held by the State Engineer's office and the Colorado Water Courts Colorado State Judicial Branch - Water Courts
This is a very useful summary: http://www.westernwaterlaw.com/artic...WaterLaw_2.pdf
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That is what I said, seniorty is important and why Pueblo is buying the shares of the Bessemer Ditch!
Last edited by Josseppie; 01-30-2009 at 08:17 PM..
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01-30-2009, 08:18 PM
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Curmudgeonly Colo. native
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Join Date: Mar 2007
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Quote:
Originally Posted by Josseppie
Then how is Pueblo buying shares of the Bessemer Ditch?
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Most likely they would acquire shares in the ditch which represent a specified quantity or flow of water per share. Then, if the ditch has historically been used for agriculture (the Bessemer is, I believe, used for both agricultural and industrial uses, but I am not an expert on it), they would still likely have to develop an augmentation plan to convert the use to municipal use. It's not an easy simple process--that's why there are more water lawyers per capita in Colorado than any other state. If you want a detailed answer to your question, I would suggest that you either contact the City of Pueblo or the Bessemer Ditch Company. I wasn't questioning what you said above, but what the other poster--quite obviously unfamiliar with Colorado water law--had posted.
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01-30-2009, 08:19 PM
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Senior Member
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"Happy Thanksgiving"
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Join Date: Nov 2008
Location: Pueblo - Colorado's Second City
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Quote:
Originally Posted by CometVoyager
Hi Josseppie,
Specifically for Pueblo I am not up on the historical legal transactions, but I do know that domestic use will most of the time trump agricultural and industrial. As for whether Pueblo has in place any particular standing contract or prior appropriations you would have to go down to the county recorders office to get that information.
But that may be a moot point, as you guys have such vast resources and the only possible encumbrance would be some prior authorization agreements with regards to your aquifers!
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Actually that is not true, it only matters on how senior your rights are. In fact the only time Pueblo got trumped during a drought was by a ranch who happened to have rights more seniors then Pueblo!
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01-30-2009, 08:21 PM
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Senior Member
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"Happy Thanksgiving"
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Join Date: Nov 2008
Location: Pueblo - Colorado's Second City
2,766 posts, read 1,478,654 times
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Quote:
Originally Posted by jazzlover
Most likely they would acquire shares in the ditch which represent a specified quantity or flow of water per share. Then, if the ditch has historically been used for agriculture (the Bessemer is, I believe, used for both agricultural and industrial uses, but I am not an expert on it), they would still likely have to develop an augmentation plan to convert the use to municipal use. It's not an easy simple process--that's why there are more water lawyers per capita in Colorado than any other state. If you want a detailed answer to your question, I would suggest that you either contact the City of Pueblo or the Bessemer Ditch Company. I wasn't questioning what you said above, but what the other poster--quite obviously unfamiliar with Colorado water law--had posted.
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Sorry I had mis sopke, what I meant to say was that is why Pueblo is buying the Bessemer Ditch, due to how senior the rights are and how productive each share is....
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01-30-2009, 08:24 PM
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Senior Member
Status:
"Happy Thanksgiving"
(set 8 days ago)
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Join Date: Nov 2008
Location: Pueblo - Colorado's Second City
2,766 posts, read 1,478,654 times
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Quote:
Originally Posted by CometVoyager
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Most of the information I get comes from the Pueblo Chieftain, they have articles called "save our water" and it has a lot if great information.
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01-30-2009, 10:19 PM
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Senior Member
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Join Date: Nov 2007
Location: Moving
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Western Colorado People do not need to worry about water resources.
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01-30-2009, 10:28 PM
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Senior Member
Status:
"Happy Thanksgiving"
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Join Date: Nov 2008
Location: Pueblo - Colorado's Second City
2,766 posts, read 1,478,654 times
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Agreed I think Grand Junction has more then enough water and I suspect that Grand Junction will become a nice city of 250,000 people in the coming years, all with no water issues.
For some reason when parts of the Denver area and the Springs has water issues people think its the whole state when in fact it is not......
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01-30-2009, 10:54 PM
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Senior Member
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01-31-2009, 09:53 AM
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Senior Member
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Join Date: Sep 2008
242 posts, read 160,825 times
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Quote:
Originally Posted by jazzlover
Oh, by the way, I took my most recent Colorado water law class just a couple of years ago . . . and deal with Colorado water right issues in my work on an almost daily basis . . .
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So Jazz, what exactly is it you do?
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01-31-2009, 10:08 AM
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Curmudgeonly Colo. native
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Join Date: Mar 2007
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Quote:
Originally Posted by MtnFlyer
So Jazz, what exactly is it you do?
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Because of the nature of my work, that is something that I do not post on a public forum--one reason being that I am, on occasion, called upon to testify as an expert witness in litigation concerning some of the very issues upon which I post opinions here. In fact, if it should happen that I am called to testify in some case that becomes the subject of a topic on this forum, you won't see me post about that here at all.
Last edited by jazzlover; 01-31-2009 at 10:36 AM..
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