New Water Measurement Rules, Coming to a Division Near You…

If you live in Colorado and have a ditch or reservoir, you will soon be subject to newly developed water measurement rules.  Each Water Division is developing its own rules under slightly different timelines.  In many cases, these rules merely codify the informal guidelines that have been in place in the past, but once adopted, the rules will include deadlines for compliance.  This is likely to lead to more uniform enforcement of the rules than has happened historically.

If you have a ditch diversion, the requirements may include an adjustable headgate and a measuring devices such as a flume, weir, or flowmeter.  If you have an off-channel reservoir, the rules may require devices to measure two of the following:  inflow to the reservoir, volume stored in the reservoir, or releases from the reservoir.  If you have an on-channel reservoir, the rules may require a low-level release, a measuring device to quantify the volume of water in storage, and a measuring device to quantify releases from the reservoir. 

The rules allow for alternative measurement methods where appropriate, which may allow for a less expensive or labor-intensive way to satisfy the rules.  If your water rights were historically measured using equipment or a methodology that doesn’t comply with the new rules, you may be “grandfathered” in if you follow the appropriate steps.    

We can help you sort through the new requirements and answer any questions about how the new rules might affect you. Feel free to give us a call. 

Written by Partner Rob Pierce