Colorado § 33-12.5-104 Effect of article - rights of property owners - water rights

Colorado Statutes

§ 33-12.5-104 — Effect of article - rights of property owners - water rights

Colorado § 33-12.5-104

Title 33Parks and

Art.Arkansas River Recreational Act

This text of Colorado § 33-12.5-104 (Effect of article - rights of property owners - water rights) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 33-12.5-104 (2026).

Text

(1)Nothing in this article shall be construed as:

(a)Diminishing the rights of owners of property as provided in the constitution and statutes of this state or in the constitution of the United States;

(b)Modifying or amending existing laws, court decrees, or court decisions or affecting future court proceedings or decrees in any manner with respect to the determination, administration, or change of water rights;

(c)Granting the commission any vested water rights or right to apply for or obtain any decree for a water right for recreational purposes;

(d)Prohibiting or in any way regulating the construction, modification, rehabilitation, or operation of reservoirs, diversion structures, or other facilities necessary for the storage, diversion, or conveyance of water in the d

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(1)
Nothing in this article shall be construed as:

(a) Diminishing the rights of owners of property as provided in the
constitution and statutes of this state or in the constitution of the United States;

(b) Modifying or amending existing laws, court decrees, or court decisions or
affecting future court proceedings or decrees in any manner with respect to the
determination, administration, or change of water rights;

(c) Granting the commission any vested water rights or right to apply for or
obtain any decree for a water right for recreational purposes;

(d) Prohibiting or in any way regulating the construction, modification,
rehabilitation, or operation of reservoirs, diversion structures, or other facilities
necessary for the storage, diversion, or conveyance of water in the drainage of the
Arkansas river and its tributaries as otherwise permitted by law;

(e) Superseding, abrogating, or impairing rights to divert water and apply
water to beneficial uses in accordance with sections 5 and 6 of article XVI of the
Colorado constitution, the provisions of articles 80 to 93 of title 37, C.R.S., or
Colorado court decisions with respect to the determination and administration of
water rights. Nothing in this article shall be construed, enforced, or applied so as to
cause or result in material injury to water rights. The question of whether such
material injury to water rights exists and the remedy thereof shall be determined by
the water court.

(f) Allowing the commission or the division to require minimum streamflows
or minimum water levels in any lakes or impoundments.

Legislative History

Source: L. 88: Entire article added, p. 1164, � 1, effective January 1, 1989. L. 2012: (1)(c) and (1)(f) amended, (HB 12-1317), ch. 248, p. 1225, � 55, effective June 4.