Private Upstream Obligations and Their Downstream Impacts: Water Rights in Colorado and the West

This Note discusses the intricate landscape of water rights and obligations in the western United States, focusing on recent legal developments and the historical state of the law. It analyzes the applicability of the recent Navajo Nation Supreme Court decision to older interstate water compacts, as well as how the affirmative action holding in that case affects the system of water rights adjudication. After an examination of the history of water rights, case law, and legislative materials, this Note turns its focus to whether a private right of action exists that would require an upstream water rights holder to take affirmative action to ensure the fulfillment of a downstream right. This Note evaluates the existence of the right through the use of a hypothetical Colorado water rights case, which incorporates a myriad of historical precedents to establish jurisdiction, a cause of action, and a likely outcome of the case. Based on the current state of the law, this Note concludes that a downstream water rights holder would likely be granted an injunction that would promote an upstream user to take affirmative action to fulfill downstream rights.