Colorado Supreme Court OKs ballot measures that would revamp state water law by applying the public trust doctrine

Second measure would ensure that diversions don’t harm the public interest

Peru Creek, Colorado. PHOTO BY BOB BERWYN.

By Bob Berwyn

SUMMIT COUNTY — The Colorado Supreme Court this week cleared the way for two ballot initiatives that could dramatically change the way water is managed in the state.

One of the ballot measures would apply the public trust doctrine to water in Colorado, declaring that unappropriated water in natural streams is public property, dedicated to the use of the people of the state.

The public trust ballot measure would also clarify once and for all the public’s right to access streams and rivers.

The second measure would put limits on diversions to protect the public’s interest in water, potentially prohibiting diversions “that would irreparably harm the public ownership interest in water.” (more…)

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