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Old 01-30-2009, 07:57 PM
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Location: Pueblo - Colorado's Second City
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Quote:
Originally Posted by jazzlover View Post
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
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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Old 01-30-2009, 08:18 PM
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Quote:
Originally Posted by Josseppie View Post
Then how is Pueblo buying shares of the Bessemer Ditch?
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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Old 01-30-2009, 08:19 PM
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Quote:
Originally Posted by CometVoyager View Post
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!
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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Old 01-30-2009, 08:21 PM
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Quote:
Originally Posted by jazzlover View Post
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.
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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Old 01-30-2009, 08:24 PM
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Quote:
Originally Posted by CometVoyager View Post
Most of the stuff we find on the internet is bogus and maybe 20% has some actual truth behind it. Personally, that is why I am totally against having broad band in elementary & secondary schools. Library science is a crucial issue for our young people and unfortunately it is no longer being taught in the schools because of the lazy reliance on the internet!

So beware when some may post links on here, as the internet is the Mother of All Wikipedias! Constantly being edited and changed! The only internet I like to reference is secure paid sites.
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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Old 01-30-2009, 10:19 PM
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Thumbs up Western Colorado People do not need to worry about water resources.

Many of us know that the Grand Valley and most of that part of Colorado only receives about 8 inches of rainfall a year! So why are people not in a panic? The main reason is because of the vast and extensive network of the Colorado Plateau Aquifer!

Mesa Verde and Dakota Glenn alone contain bountiful water resources and paired with the Coconino De Chelly make it possible for thriving growth and development.
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Old 01-30-2009, 10:28 PM
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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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Old 01-30-2009, 10:54 PM
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Quote:
Originally Posted by Josseppie View Post
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......
I love the Grand Junction area! It has to be one of my most favorite places in the USA!
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Old 01-31-2009, 09:53 AM
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Quote:
Originally Posted by jazzlover View Post
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 . . .
So Jazz, what exactly is it you do?
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Old 01-31-2009, 10:08 AM
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Originally Posted by MtnFlyer View Post
So Jazz, what exactly is it you do?
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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