Property OwnershipIntermediateColorado Exam

In Colorado, the 'Law of Capture' as it relates to groundwater originally allowed landowners to:

ACapture all surface water flowing through their property, as most licensees would generally expect
BPump as much groundwater as possible from beneath their land, even if it reduced neighbors' wellsCorrect
CCapture mineral rights regardless of surface ownership
DCapture abandoned properties through adverse possession

Why Pump as much groundwater as possible from beneath their land, even if it reduced neighbors' wells Is Correct

Answer B: Pump as much groundwater as possible from beneath their land, even if it reduced neighbors' wells

The common law 'Rule of Capture' for groundwater allowed landowners to pump as much water as they could, even depleting neighboring wells. Colorado has moved away from this toward a regulated appropriation system for groundwater, with designated basins and well permit requirements.

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.

Key Property Ownership Terms in This Question

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