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Water rights in Colorado are regarded as real property, similar to real estate, and ownership is very flexible. A water right can be bought, sold, moved and switched from one use to another, such as from farming to domestic.
Water of streams public property. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided. § 6.
In Colorado, water rights are a freely transferrable real property right that can be bought and sold separately from land. Both the legal and physical availability of a water right determine the value of that right.
Water rights are conveyed as real property interests using the same formalities as real estate, with certain exceptions. Transfers are done typically with a deed, which is recorded in the clerk and recorder's office, just as with deeds for land.
A water right is a right to use a portion of the public's water supply; Water rights owners may build facilities on the lands of others to divert, extract, or move water from a stream or aquifer to its place of use; Water rights owners may use streams and aquifers for the transportation and storage of water.
In Colorado, water rights are a freely transferrable real property right that can be bought and sold separately from land.
A water right is a right to use a portion of the public's water supply; Water rights owners may build facilities on the lands of others to divert, extract, or move water from a stream or aquifer to its place of use; Water rights owners may use streams and aquifers for the transportation and storage of water.
In the past year, I have done valuations or assisted with transactions that involved water right sale prices ranging from $300 per acre-foot to nearly $90,000 per acre-foot. Water right values can have orders of magnitude difference across Colorado.
Water rights in Colorado are regarded as real property, similar to real estate, and ownership is very flexible. A water right can be bought, sold, moved and switched from one use to another, such as from farming to domestic.
The first person to appropriate water and apply that water to use has the first right to use that water within a particular stream system.