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.