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Dolores County authorizes due-diligence filing to preserve conditional water rights for road maintenance
Summary
The county voted to file a six‑year due‑diligence application to preserve conditional water rights—originally sought to support road watering and limited recreational uses—warning the Division may seek clarification and third parties could oppose the filing.
Dolores County commissioners unanimously approved submitting a due‑diligence application Sept. 2, 2025 to preserve conditional water rights tied to Disappointment/Whitney Creek that the county obtained several years ago.
A county official and a water attorney described the background: when the state offered notices to preserve instream flows, the county filed for certain water rights to support road maintenance and limited recreational uses. Some rights were granted as absolute for uses like road watering; others were granted as conditional. State rules require periodic ‘due diligence’ filings for conditional rights to remain active; the next six‑year diligence deadline prompted the current application.
The water attorney told the board that if the county wishes to retain the conditional uses, it must document continued diligence. The attorney warned the Division could request further clarification and that holders of other water rights could file opposition; if an opposition or additional requirements led to litigation or costs, the county would be notified before committing funds.
Commissioners voted to approve the application and a motion carried unanimously. The board directed staff to coordinate any subsequent Division requests for clarification and to notify commissioners if the filing provokes third‑party opposition or cost exposure.
