45-272. Water rights in stockponds;
priority
A. The owner of any stockpond constructed after June 12, 1919 and prior to August
27, 1977, the capacity of which is not in excess of fifteen acre-feet and concerning
which water rights litigation or protest to the state land department was not a matter of
record prior to August 27, 1977, shall have a valid water right in such stockpond with
priority as of the date of construction and shall be eligible for such evidence of
validity as the director may prescribe.
B. All water rights issued pursuant to a permit or certificate issued prior to
August 27, 1977 by the state land department or its predecessors or pursuant to an
application to appropriate filed with the state land department or its predecessors prior
to August 27, 1977, rights to the use of the mainstream waters of the Colorado river,
rights previously acquired or validated by contract with the United States, court decree
or other adjudication or rights acquired prior to June 12, 1919 and registered pursuant
to article 7 of this chapter shall have priority over any water right claimed pursuant to
this article.
C. Any person who is claiming a water right pursuant to this article and who fails
to file a claim of water right prior to one year after the effective date of this
amendment to this section shall have a water right priority as of the date of filing. An
existing claim of water right under this article may be amended at any time before the
completion of hearings on the claimed right pursuant to section 45-257, subsection A.
D. Subsequent to August 27, 1977, no person may construct or cause to be
constructed a stockpond of any size unless the director of water resources or his
predecessors have approved an application for a permit to appropriate such water filed
pursuant to section 45-152.
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