Property Ownership

In Colorado, 'prescriptive water rights' allow a water user to claim rights to divert water from a stream when they have used it:

AA. With the stream owner's permission
BB. Continuously, openly, notoriously, and adversely for a period sufficient to establish a water right under prior appropriation law✓ Correct
CC. For only one irrigation season
DD. Only from groundwater wells

Explanation

Under Colorado's prior appropriation doctrine, water rights are established by beneficial use. A water user who has continuously and openly diverted and used stream water for beneficial purposes may establish a water right through the water court adjudication process, based on the history of their diversion and use.

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