Colorado § 31-35-201 - Leasing of water - no rights vested.
Full text of Colorado Colorado Revised Statutes § 31-35-201 — Leasing of water - no rights vested., with citation guidance and answers to common questions.
§ 31-35-201. Leasing of water - no rights vested.
In the event any municipal appropriator of water, having a population in excess of two hundred thousand, leases, after May 12, 1931, water not needed by it for immediate use, no rights shall become vested to a continued leasing or to a continuance of the conditions concerning any return water arising therefrom so as to defeat or impair the right to terminate the leases or change the place of use. Any leasing shall not injuriously affect rights vested in other appropriators prior to said date. Nothing in this section shall authorize an appropriator to recapture water for a second use after it has once been used by it.
Source: L. 75: Entire title R&RE, p. 1248, § 1, effective July 1.
Editor's note: This section is similar to former § 31-35-201 as it existed prior to 1975.
ANNOTATION
Law reviews. For article, "Legal Problems in City Water Supply", see 22 Rocky Mt. L. Rev. 356 (1950). For article, "Foreign Water in Colorado — The City's Right to Recapture and Re-Use Its Transmountain Diversion", see 42 Den. L. Ctr. J. 116 (1965). For comment, "Municipal Utilities in Colorado — Can They Charge Their Nonresident Customers More Than They Charge Their Resident Customers Just Because the Nonresident Lives on the Wrong Side of the Boundary?", see 60 U. Colo. L. Rev. 357 (1989).
Municipality may divert water from its natural stream. It is the general rule that when an appropriator of water has no present need for it for irrigating his lands he must not divert it from the natural stream. This rule, however, does not apply to decreed water needed for municipal purposes, and the distinction has received legislative recognition in the enactment of this section. City & County of Denver v. Sheriff, 105 Colo. 193, 96 P.2d 836 (1939).
Even if there is no immediate need. The city of Denver having perfected a valid appropriation, any water to which it is entitled thereunder for which there may at any given time in the future be no immediate need, may be temporarily leased by the city in accordance with this section. City & County of Denver v. Sheriff, 105 Colo. 193, 96 P.2d 836 (1939).
PART 3
WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 31-35-201
What does Colorado Revised Statutes § 31-35-201 cover?
Section 31-35-201 ("Leasing of water - no rights vested.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 31-35-201?
A common citation format is "Colorado Revised Statutes § 31-35-201" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 31-35-201 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.