§ 37-75-102 — Water rights - protections

(1) It is the policy of the general
assembly that the current system of allocating water within Colorado shall not be
superseded, abrogated, or otherwise impaired by this article. Nothing in this article
shall be interpreted to repeal or in any manner amend the existing water rights
adjudication system. The general assembly affirms the state constitution's
recognition of water rights as a private usufructuary property right, and this article
is not intended to restrict the ability of the holder of a water right to use or to
dispose of that water right in any manner permitted under Colorado law.

(2) The general assembly affirms the protections for contractual and
property rights recognized by the contract and takings protections under the state
constitution and related statutes. This article shall not be implemented in any way
that would diminish, impair, or cause injury to any property or contractual right
created by intergovernmental agreements, contracts, stipulations among parties to
water cases, terms and conditions in water decrees, or any other similar document
related to the allocation or use of water. This article shall not be construed to
supersede, abrogate, or cause injury to vested water rights or decreed conditional
water rights. The general assembly affirms that this article does not impair, limit, or
otherwise affect the rights of persons or entities to enter into agreements,
contracts, or memoranda of understanding with other persons or entities relating to
the appropriation, movement, or use of water under other provisions of law.

Legislative History

Source: L. 2005: Entire article added, p. 1472, � 1, effective June 7.