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FSH 2509.21 - NATIONAL FOREST SYSTEM WATER RIGHTS HANDBOOK
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EFFECTIVE 6/1/94
CHAPTER 20 - APPROPRIATIVE RIGHTS--DIVERSIONS AND
IMPOUNDMENTS
21 - EXPLANATION OF APPROPRIATIVE RIGHTS. An appropriative surface water right is one that is acquired by diverting water from a natural water course and applying it to beneficial use.
The States administer appropriative rights according to the priority dates. When water is short, the oldest rights, the seniors, are entitled to their full delivery of water while the newer rights, the juniors, get no water at all. When this situation arises, State personnel inform the juniors that they must stop their diversions.
In order for this system to work, all the rights must be known, and assembled in chronological order. This is accomplished by adjudicating the rights of all of the users on any particular water course. Adjudication proceedings vary by States; in some, the process is strictly a litigation handled by a court, while in others, it is an administrative proceeding handled by a State agency.
The United States may be forced to be a party to an adjudication only when the
McCarran Amendment is invoked and it is a litigation process in court.
Administrative actions by State agencies, apart from the administrative segment of a general stream adjudication, do not bind the United States beyond its wishes and the United States is now required to be a part of them. The decisions reached and the adjudications made in such administrative actions are not binding on the
United States, unless the United States has voluntarily joined in the process.
22 - LITIGATION. Currently, (July 1985) the Rocky Mountain Region is involved in five water right adjudications. All are litigation actions in the courts. All of the water claims of the United States, not just the Forest Service, reserved and nonreserved are included in the litigation. The cases are expected to go on for several years due to appeals and some will undoubtedly reach the U.S. Supreme Court.
When each case is concluded the concerned Forests will know what water rights they have and what their priority dates are.
A list of the various cases, what lands are involved, and the status of each follows:
1. Colorado Water Division 1: includes the Roosevelt, and parts of the Arapaho and Pike National Forests and the Pawnee National Grassland. The claims include reserved rights for in-stream flows and administrative uses, and all of our appropriative rights.
2. Colorado Water Division 2: includes the San Isabel and the Comanche
National Grassland and part of the Pike National Forest. The claim includes reserved rights for in-stream flows. Amended claims for reserved rights for administrative uses were decreed in May, 1984. A decree covering some of the appropriative rights is expected in 1986.

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3. Colorado Water Division 3: includes the Rio Grande and a very small part of the Gunnison National Forest. All of the claims for reserved rights for in-stream flows, administrative uses, and appropriative rights have been made. There has been no action on the part of the court in these cases.
4. Colorado Water Divisions 4, 5, and 6: this case, which first entered the court in 1972, is not settled yet. The Routt, White River, Gunnison, Grand Mesa,
Uncompahgre, and parts of the Arapaho and Manti-LaSal (R-4) National Forests are included. In November 1982 the Colorado Supreme Court ruling granted reserved rights for administrative uses for the purposes of the Organic Act. There are no reserved rights for in-stream flows for any purposes but there are appropriative rights for all other recreational, domestic, wildlife and stock uses.
These appropriative rights have been remanded back to the Division 5 Water Court for determination of their true appropriation date. A stipulation concerning these dates is being prepared for signature by all concerned principal parties. The Naval
Oil Shale claims are not included in this action.
5. Colorado Water Division 7: includes the San Juan and a small part of the
Rio Grande National Forest. The case first entered the court in 1973 but has been dormant, awaiting the outcome of the Divisions 4, 5, and 6 cases. The Indian claims will be quite important in this case. The Interior Department is attempting to negotiate a settlement of the Indian claims with the State.
23 - APPLICATIONS NEEDED FOR OBTAINING A WATER RIGHT. In Colorado, one may initiate the action needed to obtain a water right in either of two ways.
The field work on actual development of the diversion may be undertaken or an application may be filed with the water court. At the time either action is taken, the appropriator is deemed to have a "conditional" water right which depends on reasonable diligence and application to a beneficial use. When the appropriator applies the water to beneficial use and desires to have the conditional right made absolute, an application must be filed with the water court. The information on the forms is then published in a monthly resume of applications. All types of uses are subject to this procedure.
Wyoming requires that an application for a water right be filed with the State
Engineer before taking any action to develop a water right. The application is required for all uses.
Nebraska law requires that an application be filed with the Department of Water
Resources before any action is taken to develop a water right. This application is required for all uses.
In South Dakota a permit must be obtained from the Water Management Board before development is started for most uses. This permit is now however, needed for domestic use. Livestock watering is classed as a domestic use.
Kansas law is very similar to South Dakota's. A permit must be obtained from the
Chief Engineer before any development activity occurs. The permit is not needed for domestic use and stock-watering is classed as a domestic use.

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24 - FOREST SERVICE APPLICATIONS. Before any water development activity is begun, all permits or conditional rights required by the State will be obtained for any use not covered by the reservation principle. Needed rights in those areas currently being litigated (see sub-Chapter 22) will be obtained by sending the completed forms necessary for an application to the Regional Office for submission to the Department of Justice or the Office of the General Counsel. For applications being made in Colorado, Kansas, and Nebraska, include a purchase order for the necessary fees. Wyoming and South Dakota application fees can be handled in one of two ways. They will accept a purchase order with applications, but will not date the applications until they have received payment. This, of course, results in a later priority date. If the time needed for the purchase order to clear and payment issued is not of concern, this situation is acceptable. If, however, for any reason, there is a need to get the application dated immediately, a personal visit must be paid to the
Wyoming State Engineer's Office or the South Dakota Department of Natural
Resources Development Office and the fees paid in cash from the Imprest Fund.
Federal Fiscal regulations prohibit the use of a personal check for the payment of these fees.
All water right applications in the Region shall be made in the name of the United
States of America. This item is gone into further in Chapter 50.
When seeking to establish non-reserved water rights, the Forest Service normally will follow these procedures. However, when joined under the McCarran
Amendment, a different procedure is utilized. Applications for all water rights, both reserved and appropriative, are prepared and submitted to the Court. The time frames for filing these applications are determined by the Court during the initial phases of the litigation. Any subsequent water right applications will be completed and submitted in a routine manner.
The applications for water rights have been made in all Colorado Water Divisions.
Norman State procedures regarding the application for a water right in Wyoming
Water Divisions 1 and 2, and in Division 3 for rights not covered by the Big Horn decree, in Kansas, Nebraska, and South Dakota must be followed for all nonreserved water right needs.
The forms needed to make the application, the instructions regarding the required procedures, filing fee schedules, and related information can be obtained from the offices listed here:
Colorado:
Water Div. 1
Water Div. 2
Well Permit Application Form
Division Engineer
ARIX Building
800 8th Ave., #209
Greeley, CO 80631
352-8712
Division Engineer
1906 W. Northern Ave.
Pueblo, CO 81004
Water Right Application Form
Water Court Clerk
P.O. Box C
Greeley, co 80632
356-4000
Water Court Clerk
308 Judicial Bldg.
Pueblo, CO 81003

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Water Div. 3
Water Div. 4
Water Div. 5
Water Div. 6
Water Div. 7
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542-3368
Division Engineer
1015 4th Street
P.O. Box 269
Alamosa, CO 81101
589-6683
Division EngineeR
P.O. Box 456
Montrose, CO 81401
249-6622
Division EngineeR
P.O. Box 396
Glenwood Springs, CO 81601
945-5665
Division EngineeR
P.O. Box 773450
Steamboat Springs, CO 80447
879-0272
Division EngineeR
P.O. Box Drawer 1880
Durango, CO 81302-1880
247-1845
546-5048
Water Court Clerk
Alamosa county Courthouse
Alamosa, CO 81101
589-9107
Water Court Clerk
P.O. Box 368
Montrose, CO 81401
249-9676
Water Court Clerk
109 8th St., Suite 104
Glenwood Springs, CO 81601
945-8109
879-5020
247-3204
Water Court Clerk
P.O. Box 773117
P.O. Box 3340
Water Court Clerk
Durango, CO 81302
Steamboat Springs, CO 80477

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Wyoming:
Nebraska
Kansas:
South Dakota:
For All Forms and Information
Office of the State Engineer
Herschler Bldg.
Cheyenne, WY 82002
(307) 777-7354
Dept. of Water Resources
301 Centennial mall
P.O. Box 94676
Lincoln, NE 68509-4676
(402) 471-2363
South Dakota Department of
Water & Natural Resources
Water Rights Division
Joe Foss Building
523 East Capitol
Pierre, SD 57501-3181
(605) 773-3352
Kansas State Board of Agriculture
Kansas Water Office
109 SW 9th Street
Topeka, KS 66612-1280
(913) 296-3556
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