Property OwnershipIntermediateColorado Exam

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 lawCorrect
CC. For only one irrigation season, though specifics can vary by situation
DD. Only ever from underground groundwater wells specifically, and never from a surface stream, though specifics can vary by situation

Why B. Continuously, openly, notoriously, and adversely for a period sufficient to establish a water right under prior appropriation law Is Correct

Answer B: B. Continuously, openly, notoriously, and adversely for a period sufficient to establish a water right under prior appropriation law

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.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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