Colorado articles · Whether water has actually arrived

One decreed water right in twelve has delivered nothing for a decade

The decree is real, the listing is accurate, and the headgate has been dry since 2014. The two facts live in different databases.

Updated September 2026 1,437 took nothing in ten years

A water right is a court decree. It says an amount, a date and a use, and it is entirely genuine. What it does not say is whether any water has actually come through the headgate lately. That is a different record, kept separately, and nobody publishes the two side by side.

Decreed rights that have not delivered
16,620 structures with a decree and a record
1,437 took nothing in ten years
2,467 took nothing in half of them
9% that never delivered

Structures carrying an absolute decreed right AND a measured diversion record, and how many of them took nothing. A zero here is an observed year, not a missing one.

Colorado DWR water rights and diversion records, 2014 to 2023 · computed September 2026

Of the structures that carry both an absolute decreed right and a measured diversion record, one in twelve took nothing at all in any of the last ten years. Not a low year. Ten consecutive years of nothing.

A zero here is an observation

The obvious objection is that a zero might mean nobody measured. It does not. Every zero year in this record carries days of measurement against it, an average of nine and a half of them, because the state stops counting once it is clear nothing is running. The state looked and wrote down nothing.

The honest caveat is different: a structure that took no water may have had none available, or its owner may simply not have irrigated. This record says what was delivered, not what could have been. For somebody buying land on the strength of that right, delivery is the thing being bought.

Why this is hard to find out

The decree lives in the water rights register, keyed to a structure. The delivery lives in the diversion records, keyed to the same structure but published as a separate series and split into water classes that triple-count if summed naively. Neither agency joins them, because neither agency is being asked the question a buyer is asking.

The question is not whether the right exists. It is whether the water does.

This is general information about Colorado law and records. It is not legal advice and not a title opinion. What applies to a particular piece of ground is settled by the documents filed against it.