I have found that I have water rights on this ditch that runs through my property. I have owned the property for many years and have never irrigated out of this ditch. Can I still use this water?

Abandonment of a water right is defined as ". . . the termination of a water right in whole or in part as a result of the intent of the owner thereof to discontinue permanently the use of all or part of the water available thereunder." It is very important to note that the intent to abandon is required concurrent with non-use for a water right to be declared abandoned.

Also note that if a person who owns a conditional water right fails to file a timely application with the court fulfilling the diligence requirements, that water right can be declared abandoned.

Every ten years, the Divsion Engineer prepares an abandonment list which contains water rights that are believed to be either completely or partially abandoned.

Contact the Division of Water Resources to determine if your water rights have been placed on the abandonment list.

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