Acquisition Guidelines

When evaluating a water right for acquisition, the Colorado Water Trust conducts evaluations that are largely unique and fact-specific.  As most water users know, no two water rights are ever alike and their suitability for instream flow or conservation purposes will depend on the nature of the right that is being offered.  However, certain criteria can be applied to nearly every water right that is offered and the Colorado Water Trust will consider each of these criteria when a water right is offered:

  1. Conservation Benefits.  The water right must benefit a “water-short”, ecologically significant, water-dependent natural environment.  Are there significant conservation benefits, such as providing an instream flow that will benefit a water short existing CWCB instream flow?  Is it a stream reach that lacks a CWCB appropriation because of insufficient water?  Will a trout or native fish stream reach benefit from the acquisition?  Are there water-dependent natural areas, such as wetlands and riparian areas, or environmentally beneficial agriculture and wildlife habitat?
  2. Credible Records.  There must be credible records of actual consumptive use of the water right.  Except under extremely limited circumstances, the Colorado Water Trust will not accept conditional rights. 
  3. Public v. Private Benefits.  Will the acquisition provide greater public than private benefits?
  4. Secondary benefits. Is there public access to the protected stream reach that will benefit?  Is there urban proximity?  Are there recreation benefits?  Aesthetic?
  5. Support.  The Colorado Water Trust will also work to avoid the purchase of water rights whose change of water rights application will be hotly contested.  Is there support from the local community and other stakeholders and water users?
  6. Collaboration.  Does the acquisition provide the opportunity to collaborate with other conservation programs and organizations and local groups?
  7. Duplication of Conservation Efforts.  The water right should complement rather than duplicate or compete with other established conservation programs.
  8. Colorado Water Law.  If the water right is acceptable, the change of water rights application must comply with every aspect of Colorado water law, including the law governing water development under interstate compacts and equitable apportionments.