The Sources of the Colorado Appropriation Doctrine

Into the 1960s: A Tenuous Unity

“…Overall, Schorr believes this system helped avoid monopolization of this scarce resource by large-scale and corporate interests. 8 As early as 1864, the Colorado Territorial Assembly asserted that stream waters could not be diverted from the original channel "to the detriment of any user who had a priority of right." 9 This continued a trend dating back to Jefferson Territory's (Colorado's short-lived territorial predecessor) policy of limiting appropriations and resolving conflicts among irrigators by "reference to the priority of appropriation."…”

“…9 This continued a trend dating back to Jefferson Territory's (Colorado's short-lived territorial predecessor) policy of limiting appropriations and resolving conflicts among irrigators by "reference to the priority of appropriation." 10 Colorado's 1876 constitution also reflected almost a decade of struggle over water law definition, including intense conflict between the young cities of Greeley and Fort Collins. The Union Colony, or Greeley, constructed its irrigation canals first, while Fort Collins based its bid for water supremacy on its Cache la Poudre River location, upstream from Greeley.…”