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Dolores County approves due-diligence filing to preserve conditional water rights
Summary
County commissioners approved a due-diligence application to preserve conditional water rights on local creeks after a federal instream-flow program prompted counties to file; staff warned of possible challenges from other water-rights holders and further division clarification requests.
The Dolores County Board of Commissioners unanimously approved a due-diligence application on Sept. 2 intended to preserve conditional water rights associated with local creeks (discussed in the meeting as Disappointment/Whitney Creek) after a federal instream-flow effort threatened unclaimed water rights statewide.
County counsel and a water attorney (identified in the record as Kim Purdue) described the background: the state once allowed conditional uses (for recreation, road watering and augmentation) and counties must file a due-diligence application every six years to maintain conditional water-right status. The board approved staff’s recommendation to file the diligence application and authorized the chair to affirm its accuracy.
Officials noted potential next steps: the state water division could request additional clarification, and holders of other water rights might oppose the application, which could lead to hearings or additional costs. The board said it would be informed if the filing drew opposition or litigation.
The motion passed with affirmative votes from the commissioners in attendance. County staff framed the application as consistent with a strategic goal to support recreation and road maintenance while protecting the county’s water-right interests for future use.
No fiscal appropriation was approved as part of the motion; the board’s action authorized the filing and affirmed county support for preserving the conditional rights at this procedural step.
