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What are false water rights?(can anyone explain)Colorado

 
pioneer
Posts: 107
Location: Herding farming god of travel and fast horses.Holy fool.
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Hello I am having a hard time finding/figuring out what exactly false water rights our.Can someone explain false water rights in average joe terms.
 
Ben Skiba
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Land Information
Land Type Pasture
Irrigation Water False Rights
Ditches False
 
pollinator
Posts: 390
Location: Central Texas zone 8a, 800 chill hours 28 blessed inches of rain
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My google-fu indicates it is a water right claim that was granted or claimed improperly.  In States with Prior Appropriation laws, someone makes a claim and it is recognized by the governing body; but later shown to be false.

e.g.  Nestle false water right

Also a bit more context might help.  From your second posts it appears you are listing Irrigation Water rights and ditches.  Both would be false due to the State (and many other western States) policy of prior appropriation.  The "I got here first" rule for water use.  Irrigation Rights would be false, if you did not have specific rights deeded to the property by people from very long ago.  (My great great great Granddaddy used to run cattle all over this range, so he was given water rights in 1850!)  The same with ditches.  Since water rights do not matter where the water is or flows, the ditch, stream or river that flows through your land would be a false right, because someone downstream (or up) has already a valid claim to it from a prior date.

A not so great way to manage water, but these precedents are still on the books from the foundation of the territories.

 
Ben Skiba
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Thank you Jack that actually puts things into perspective.What I gather from what you posted and what I read someone else owns the water rights.I was looking at a piece of real estate.That says that.The interesting thing is they actually pay 500 a year for the land to remain fallow/not be farmed on but you can graze livestock build a building or have a residentual.Which would be considerably hard as there is no water rights.Colorado has some rather interesting laws regarding water/farming.
 
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