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Intent Is Critical in Water Rights
Publication year - 1997
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1997.tb08249.x
Subject(s) - presumption , law , water right , political science , court decision , water resources , ecology , biology
A continued and unexplained nonuse of a water right for an unreasonable period of time creates a rebuttable presumption of an intent to abandon the right. The water court and trial court affirmed that the city of Denver, Colorado, had not abandoned irrigation water rights along St. Louis Creek purchased in 1955. The appellate court reversed the decision, stating that Denver had failed to apply the water rights to a beneficial use for more than 10 years.