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Dolores County OKs due-diligence water-rights application, staff warns of potential challenges
Summary
County commissioners approved a six-year due-diligence application to preserve conditional water rights for uses including road watering and recreation; staff cautioned the division may request clarifications and opposing parties could raise challenges.
Dolores County commissioners voted Sept. 2 to approve a due-diligence application for conditional water rights that the county obtained to preserve uses such as road watering and future recreational or augmentation needs.
Staff explained the background: several years ago the state invited applicants to protect instream flows and other water uses by filing for water rights. The county applied for rights on a local creek for uses including road maintenance; some uses were issued in absolute status, others as conditional rights that require a due-diligence filing every six years to remain active.
County staff said water attorney Kim Purdue prepared the current due-diligence application and that the chair’s affirmation is required as part of the submission. The board moved and unanimously approved the application.
Staff also warned that the Division of Water Resources could ask for clarifications and that third parties with vested interests could oppose the county’s application. The board directed staff to return with additional information if the application triggers contested claims or potential litigation.
The county acknowledged that converting conditional rights to absolute status requires actual use over time; absent use, the county could discontinue claims or face challenges. The approved application keeps the county’s conditional rights active while preserving the option to seek absolute use in the future.
