Colorado Common Law

The West is changing, and these days natives and newcomers alike need a lot of basic information to cope with issues that arise from increasing population and changing land-use regulations on both the local and federal levels. The Good Neighbor Guidebook for Colorado is an essential resource for anyone living in Colorado today. Arising from a seminar organized by the authors in Durango, this valuable collection features articles by some thirty-five expert contributors, ranging from builders to lawyers to land-use specialists and more. The book focuses on land stewardship; basics of Colorado law; working with local governments; issues of recreation, public lands, and tribal lands; protecting our western heritage; and avoiding and resolving problems. In Colorado, at the turn of the 21st century, the trend seems to be away from traditional, strong, relationship-based communities toward pseudo-communities that often are a collection of short-term alliances to fight common enemies. The re-establishment of strong neighbor relationships, with appreciation not only for shared values but for diverse opinions, can reverse this unfortunate trend. The Good Neighbor Guidebook for Colorado offers every citizen the tools to build better communities.

Delphus E. Carpenter (1877-1951) was Colorado's commissioner of interstate streams during a time when water rights were a legal battleground for western states. A complex, unassuming man as rare and cunning in politics and law as the elusive silver fox of the Rocky Mountain West, Carpenter boldly relied on negotiation instead of endless litigation to forge agreements among states first, before federal intervention. In Silver Fox of the Rockies, Daniel Tyler tells Carpenter's story and that of the great interstate water compacts he helped create. Those compacts, produced in the early twentieth century, have guided not only agricultural use but urban growth and development throughout much of the American West to this day. In Carpenter's time, most western states relied on the doctrine of prior appropriation--first in time, first in right--which granted exclusive use of resources to those who claimed them first, regardless of common needs. Carpenter feared that population growth and rapid agricultural development in states sharing the same river basins would rob Colorado of its right to a fair share of water. To avoid that eventuality, Carpenter invoked the compact clause of the U.S. Constitution, a clause previously used to settle boundary disputes, and applied it to interstate water rights. The result was a mechanism by which complex issues involving interstate water rights could be settled through negotiation without litigating them before the U.S. Supreme Court. Carpenter believed in the preservation of states' rights in order to preserve the constitutionally mandated balance between state and federal authority. Today, water remains critically important to the American West, and thegreat interstate water compacts Carpenter helped engineer constitute his most enduring legacy. Of particular significance is the Colorado River Compact of 1922, without which Hoover Dam could never have been built.

Civil law (common law) - In the common law, civil law refers to the area of law governing relations between private individuals. It also is used to describe all law outside of the criminal law context.

Federal common law - Federal common law is a term used in the United States to describe common law that is developed by the federal courts, instead of by the courts of the various states. Although the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts, there are several areas where federal common law continues to govern.

Common-law marriage - Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. The essential elements of a common law marriage are that a man and woman, both of whom are of legal age to contract a statutory marriage, mutually consent to live together and hold themselves out to the world as husband and wife.

Common law - The common law forms a major part of the law of many countries, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by judges hearing real cases.

coloradocommonlaw

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