Water Rights Preservation
Bottom Line Up Front: We vow to fight for every drop that belongs to Colorado and to use it wisely. Water, once lost politically, is near impossible to regain. We won’t let that happen on our watch. Colorado’s water will remain under Colorado’s control, serving Colorado’s people, now and in generations to come.
a. Protecting Our Lifeblood: We are firmly dedicated to Water Rights Preservation – maintaining Colorado’s system of prior appropriation (“first in time, first in right”) and safeguarding our state’s full legal share of interstate river waters against encroachment or diversion by other states or the federal government. Water is the lifeblood of Colorado’s agriculture, cities, and environment, and it’s limited. We must fiercely protect the rights of those who have historically put water to beneficial use (farmers, ranchers, municipalities) and ensure future generations have access by wise planning. That includes opposing any attempts to rewrite compacts to our detriment, preventing speculative out-of-state water grabs (e.g., hedge funds buying ag water to hold for profit or export), and investing in infrastructure (storage, conveyance) to utilize our entitlements fully. We’ll also promote conservation measures to maximize use of what we have – but voluntary and incentive-based, not by stripping rights.
b. Key Policies:
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1. Defend Interstate Compacts: Colorado is party to compacts on the Colorado River, Rio Grande, South Platte (with Nebraska), etc. As drought and growth strain supplies, downstream states push for Upper Basin (including CO) to cut use. We will staunchly defend our rights under the 1922 Colorado River Compact and others. For example, if California demands we send more water than compact requires, we say no – and if feds attempt to force, we take legal action. We will collaborate with Upper Basin states to present a united front. Perhaps push for renegotiation only if it’s favorable or absolutely necessary by hydrology, but not unilaterally cede any allocation. Also, Nebraska recently talked of canals into Colorado for South Platte water (using an ancient compact right) – we’ll engage diplomatically but ensure our interests (like not harming our communities) are protected; potentially negotiate alternatives or ensure any project they do meets conditions not harming CO (or consider legal challenge if they overreach compact terms).
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2. Anti-Speculation Measures: Current Colorado law prohibits speculative water rights (you need intent to put to use, not hold for profit). We support strengthening that if needed to stop outside entities from hoarding our water for export schemes. Possibly reform water court standards or empower state engineer to deny transfers that look like speculation (like investment firms buying farmland just for water rights without intent to farm). We may consider a requirement that any transfer of large ag water out-of-basin or out-of state get extra scrutiny or approval. We want water to stay in Colorado for Colorado’s needs.
3. Storage Projects (Use it or Lose it): “Use it or lose it” encourages beneficial use, but we also need to physically store unused flows for dry years. We support completing projects like Northern Integrated Supply Project (two new reservoirs off Poudre) and expanding existing ones (Chatfield reallocation done, Gross Reservoir expansion underway – expedite those). Also support small community reservoirs or aquifer recharge projects. The more we capture in wet years, the less pressure in drought. We will streamline state permitting for these and work to mitigate environmental concerns (e.g., fish passages, recreational opportunities around new reservoirs to gain support). One concept: increase alluvial aquifer storage along South Platte (pump excess water in wet times into groundwater for later). We should fully utilize our compact apportionments – currently Upper Basin hasn’t always used full share (which leads Lower Basin to expect surplus – a dangerous precedent). Use-it-or-lose-it applies interstate too: if we never use our full share, others will argue we don’t need it. So, encourage new beneficial uses: e.g., help remaining farmers intensify irrigation, new industries (maybe hydrogen production using water – slight but some use), or temporary uses like recharging groundwater.
4. Agricultural Viability: Farms hold ~80% of CO water use. Instead of “buy and dry” (cities buying farm water permanently, drying up ag land), we promote alternatives: water leasing/fallowing rotations, where farmers temporarily lease water to cities during droughts for payment but keep rights long-term. State can facilitate these agreements via law (we have HB 13-1248 ATM projects authorized – we will expand these pilots and make them more routine). This preserves rural economies while giving cities emergency supply. We also can invest in ag efficiency (lining canals, high-tech irrigation) – though note: often saved water just goes to next rightsholder, but it can allow farmers to perhaps lease the conserved portion without hurting crops. We'll refine law to allow conserved water to be transferred (with appropriate return flow considerations). Essentially, help farmers monetize water without selling it outright. That keeps water rights under CO control.
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5. Urban Conservation & Reuse: To reduce pressure on rights, cities must continue conservation (outdoor watering limits, tiered pricing) and expand reuse (like more direct potable reuse of treated wastewater) and possibly desalination of brackish water or importation of reusable supplies. We back these efforts as part of state water plan, with grants and technical assistance. If Denver, for example, can serve growth with less new water, that means less political push to grab ag water. Our policy: secure supply for urban growth mainly through innovation, not just buying rights.
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6. Legal Protection of Rights: Colorado’s water law is constitutionally enshrined: first in time, first in right. We will guard that. No changes to anti-speculation or abandonment doctrines that would weaken existing rights. Also, if environmental interests want instream flow rights (which we allow via CWCB), we ensure they follow same rules (can’t injure other rights). And if federal agencies try to claim water for, say, endangered fish beyond what’s in compacts, we will challenge – they can acquire rights on market or through state mechanism, not seize them.
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7. Public Trust Doctrine – Resist: Some activists have tried to push “public trust doctrine” in water, which would upend priority system and give government broad control to reallocate for public uses. We oppose adopting a public trust approach (courts have rejected it here, and we will ensure legislature doesn’t entertain it). Our priority system has worked well to allocate scarce water fairly and predictably for 150 years; we’ll preserve it.
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8. Water Quality & Waters of the US: While focusing on quantity, also watch quality. Work with upstream mines to avoid heavy metal contamination (support Good Samaritan legislation so groups can clean old mines without liability). Resist federal overregulation of all water bodies as “Waters of US” (like ephemeral streams and farm ditches) – that can complicate water rights exercise and land use. We prefer state leadership on water quality standards to protect our uses while not hamstringing routine ag activities.
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9. Interstate Cooperation: Being hard-nosed doesn’t mean no cooperation: we will continue good-faith compact compliance and collaborate on solutions like augmentation projects (maybe a project in Upper Basin to augment flows in dire drought in exchange for new reservoir rights – desal in Sea of Cortez with pipeline is moonshot idea – but we’ll negotiate creative ideas if beneficial and equitable). But always with Colorado’s interest prioritized. Our policy will not support cloud seeding.
Vision of success: Colorado retains control of its water destiny. Farms thrive because they have water; cities grow within means without drying farms; rivers have enough for ecosystems because we manage storage smartly (not draining them dry in dry times, but balancing uses). Our interstate reputation: Colorado is tough but fair – we uphold compacts but won’t be bullied into more.
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We should see fewer buyouts of CO water by out-of-state entities, stable irrigated acreage, perhaps increased storage capacity by X acre-feet, and avoid any legal jeopardy (like a Colorado River Compact call – we want to avoid crisis by managing own use). Water rights preservation is fundamental to Colorado’s future (as a headwater state, we carry responsibility). We'll lead in modern water management while honoring the doctrine that has kept peace among users.