Abstract
The statutes pertaining to water quality under Title 25 article 8, the Water Quality Control Act, have one key tie to the statutes pertaining to water quantity under Tide 37, and that is the provision of section 25-8-104, C.R.S. (2018). This statute requires that nothing in the Water Quality Control Act shall "supersede, abrogate, or impair" the right to divert and use water or be "construed, enforced, or applied so as to cause or result in material injury to water rights." This provision also states "Nothing in this article shall be construed to allow the commission or the division to require minimum stream flows or minimum water levels in any lakes or impoundments." What makes water quality take a backseat to the prior appropriation system and the water quantity provisions of Colorado law under the Water Rights Determination and Administration Action of 1969 (1969 Act)? It all comes down to priority.
First Page
437
Custom Citation
22 U. Denv. Water L. Rev. 437 (2018-2019)