The Prior Appropriation Doctrine: Use Of Water In Colorado

Dating back to when settlers first saw interest in Colorado, they immediately knew the importance of water. In 1858 when the Colorado Gold Rush began, management of water in Colorado began. Water was crucial for mining and guided the water law that governed Colorado. The water law that came about due to the gold rush was the Prior Appropriation Doctrine. This law revolved around the idea that water is a physical substance, and, running water is not the property of any individual. This means that water in its natural state is not owned by anyone however, there are rights to the flow and use of water that the law acknowledges. The Prior Appropriation Doctrine was put into place, “to encourage the settlement of Western territories because

This law allowed individuals to divert streams for beneficial use and gave ownership to portions of stream and river flows. This law strongly wanted to protect those who got to the streams first and made it priority to respect this. As the gold miners sparked interest in the region they were followed by a vast number of other settlers such as homesteaders, farmers, tourists, and conservationists. The homesteaders began to use water for irrigation and agriculture leading to the first of many water disputes. The homesteaders used irrigation ditches to help with their production. By doing this they transformed the barren land into productive farmland. And as technology advanced more, the farming and ranching industry took its role that it still has today in Colorado’s culture. As the population in cities grew, the agricultural industry grew and so did the demands for

This agreement paved the way for the Colorado River basin states and their management of water throughout history. The compact divided the flow of the Colorado River and allocated the Colorado River water between upper and lower basin states. All of the states recognized the importance of the Colorado River, and with similar interest in mind made history in U.S western water law. The upper basin states were composed of Colorado, Wyoming, New Mexico, and Utah. The lower basin states were composed of California, Arizona, and Nevada. Mexico also was a part of the lower basin states. This compact became to be known as “The Law of the River.” The Law of the River organized the collection of state and federal laws, regulations, court cases, and treaties made over time for managing the Colorado