October 04, 2023
You Have a Water Right, but You’re Far from the River…
In conjunction with America’s early westward expansion and the development of the prior appropriation doctrine, Western states developed specific private rights of condemnation for water conveyance structures (also known as private ways of necessity). Even if a property is not adjacent to a source of water, the owner may obtain a right-of-way across intervening lands to convey water to the property. Colorado provides a good example of a private right of condemnation, which is enshrined in article XVI, section 7 (Section 7), of the Colorado Constitution … Read More
Written by Ryan J. Mitchell