Stakeholder behavior and legislative influence: A case study of recreational water rights in Colorado

Colorado water law is based on 150 years of legal, constitutional, and administrative precedent. Much of this precedent encourages traditional consumptive uses of water and impedes non-consumptive uses. Throughout Colorado’s history, the water law system has evolved to include new codified uses of water. This paper analyzes the behavior of stakeholder groups that drove legislative changes in the Colorado General Assembly in the most recent example of this evolution—the inclusion of non-consumptive recreational in-channel water rights as a codified use of water. Using a qualitative case study research method, this study finds that collaboration among formerly disenfranchised stakeholders explains their legislative success despite the lesser degree of influence these groups have over water rights in Colorado.