How to undermine colorado's prior appropriation doctrine

2005 Colorado Legislature HB 05-1177

Colorado Water for the 21st Century Act (2005)

The Colorado Revised Statutes were amended to include Article 75, Interbasin Compacts. It setup eight  basin roundtables to facilitate discussions in and between basins on water management issues. 

This became the open door for appointed members, to come in from outside of Colorado's water community, historically farmers and ranchers, who put the water to beneficial use and were the  watchmen.  The SCAMMERS now direct Colorado's water management at the top level. While you are working to make a living you are also paying for the members in the Colorado Water Conservation Board and Division 5, Colorado River District, in Glenwood Springs to market your water to investors.

Colorado water should be in the hands of the people who own the rights and have the most to lose from the separation of the water from the land. Namely the farmers/ranchers who, for over a century, have owned the water rights and put the water to beneficial use as Colorado law supports. NOT the governor appointed speculators, looking to make A LOT OF MONEY for their elite class of SCAMMERS.

What Agendas are the SCAMMERS Pushing

If you have been around water talk you most likely have heard the phrase  "use it or lose it". The SCAMMERS want to reduce the influence of forfeiture of water rights through explicit exemption. In other words they say you may retain your water rights by temporarily placing them in a conserved consumptive use program, water bank or by letting the SCAMMERS "use" the water for their  state-sanctioned "beneficial use". They have redefined "beneficial use" to include such non historical "uses" as nature centers, fish and wildlife culture, recreation, instream flow rights and of course the effort to save the endangered__________. 

Leasing Water

I have decided to lease half of my 100 shares of water to City of the Desert.  They lease my water and pay me generously ($$$$$). They say It is only a temporary lease.  The Water in this Association is tied to the land but they have a way around that. City of the Desert with the increased water from my 50 shares allows a new subdivision of 200 homes.  What happens when I decide 5 years later to farm my entire acreage and need the 50 shares I leased? Yes, that's right they are gone! Once a municipal entity uses your water to supply their  customers - it's not your water!

Allow the State Engineer to Expedite Water Transfers

The state engineer is an appointed position. He has the authority in Colorado to approve a plan, contract, or change of water rights for one year or less if a water plan has been filed with the state water court. The engineer may renew the approval each year until the court issues a decree. 

If a change in water right plan has not been filed with the court, the state engineer may approve the plan or change, so long as the effects of the project does not last beyond five years. In essence this opens up easy short term changes of water rights by a person in an appointed position.

This expedited process serves to transfer water rights under a water leasing program. The historical use of a water court to change or transfer water rights has been laid aside because it is a lengthy and expensive process for anyone wanting to steal your water rights.

Colo Rev Stat 37-92-308(4) (a)

Efficiency in Irrigation

The water SCAMMERS want us to use our water efficiently. Colorado water law already requires water to be used beneficially and in an efficient manner. A water user may not take more water from a stream/river than is needed. Only part of the irrigation water will be consumed by crops.  A certain amount of water is needed to carry the water to the field.  During this process if water seeps from unlined canals/ditches it becomes part of the ground or surface water return flows to the river. In the Grand Valley this is seen where water applied to fields in the GVWUA from the Highline Canal is picked up by the Grand Valley Irrigation ditch and used in that system or by the Grand Valley Drainage and is returned to the Colorado River. There is no waste!

Conclusion: How to Undermine Colorado's Water Law

1. Take away the rights of the water users and appoint a board of SCAMMERS to oversee the water authority and setup a plan that undermines Colorado's Prior Appropriation Doctrine.

2. Make new laws for water rights with uses beyond the historic agriculture, municipal, and industrial. WATER RIGHTS are to protect OUR desired use against the impact of unknown future projects.

3. Tell water right holders that  "use it or lose it" is not valid and conservation of irrigation water is the goal. 

4.  Allow the transfer of appropriation dates to the new beneficial uses, instream flow, kayak courses, etc. to facilitate the easy transfer of senior shares.

5. Change Colorado State Law to let water apportioned for use in Colorado flow past the state line.  GVWUA SHAREHOLDERS TAKE NOTE!

6. Give farmers/ranchers a huge financial incentive to lease their "conserved water" for another purpose. Fallowing agricultural land is not a CROP.  The Articles of Incorporation of the GVWUA specifically states the boundaries of the project. This is in accordance with the Federal Bureau of Reclamation who owns the Grand Valley Project and should be stopping  the illegal activity. Here we meet the SWAMP OF GOVERNMENT BUREAUCRACY in our own back yard! The Bureau of Reclamation not only knows what is going on they are helping to fund the illegal activity.  GVWUA SHAREHOLDERS TAKE NOTE!

7. And most importantly accelerate the transfer process. This leads to what the Scammers call "flexibility" because going through Colorado's prior appropriation system is cumbersome and expensive for those who want to STEAL our water.