A Usenet persona calling itself BCITORGB wrote:

Scott informs:
=============
Well, down here, water belongs to whomever first diverts it and puts it
to
beneficial use.
===============

That may be the way it is in CO, but that doesn't make it "right".

Sure it does. It's in our Constitution, therefore it's quintessentially
"right" because that's what the people of Colorado chose as their law.


IMHO, water, like air, belongs to the people (the state) and anyone who
wants to use it (or abuse it) ought to pay a fee (or a fine).

Fortunately, down here we don't live in a communist/socialist system. We
believe in free enterprise and the right to own private property.

And,
IMHO, anyone who "first diverts it" without permission ought to be
thrown in jail. Further, what is or isn't beneficial ought to be
determined by those who own the water -- the people!

That may not be the way it is in CO but, more's the pity!

Actually, to be perfectly technical, all water in CO DOES belong to the
people, subject to prior appropriation by private users. This means that the
water in a stream is public property until somebody diverts and appropriates
it. The system recognizes a "first in time, first in right" system that
grants the most senior user the right to that amount of water he claimed and
used over junior appropriators *provided that he continues to put the water
to beneficial use.* It is possible to lose a senior water right if you fail
to divert and put the water to beneficial use.

This system is a societal recognition of the environmental realities in the
arid western states. Without the ability to divert and use water, Colorado's
economy would never have emerged and the state would still be uninhabited
desert.
--
Regards,
Scott Weiser

"I love the Internet, I no longer have to depend on
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© 2005 Scott Weiser