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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />0019~1 <br /> <br />constitution in essence states that the unappropriated water of every natural <br />stream is the property of the public, subject to appropriation, and that the <br />ri ght to di vert unappropri ated waters of any natural stream to benefi ci al <br />uses shall never be deprived.l The constitution also guarantees the concept <br />of first in time first in right.2 These constitutional expressions have been <br />furthered by legislative enactments. The appropriative rights doctrine was <br />confirmed by the courts in Coffin v. Left Hand Ditch Co. (6 Colo. 443, 1882) <br />which also held that riparian rights were inapplicable in Colorado. <br /> <br />A right, in Colorado, since early times, is established by the actual <br />diversion of water. The priority of. the water right is determined by the <br />water judge when he/she issues a decree whi ch pl aces the ri ght in the <br />pri ority system. <br /> <br />There are four major elements in the Colorado Doctrine of Prior <br />Appropriation: 1) water in its natural course is the property of the public <br />and is not subject to private ownership; 2) a vested right to use the water <br />may be acquired by appropriation for a beneficial use; 3) the first person in <br />time to use the water is the first in right; and 4) beneficial use is the <br />basis, the measure and the limit of the right. <br /> <br />No di sti ncti on is made between ground and surface water insofar as <br />appropriation. That policy was clearly stated in the "Water Right Deter- <br />mination and Administration Act" which states ". . . that all waters <br />originating in or flowing into this state, whether found on the surface or <br />underground, have always been and are hereby declared to be the property of <br />the public dedicated to the use of the people of this state, subject to <br />appropriation and in accordance with the law." <br /> <br />Ground Water. Ground water is divided into two categories under <br />Colorado law. First, ground water which contributes little or no flow to <br />surface streams, and does not affect vested surface water rights, comes <br /> <br />1 Colorado' Constitution, Art. XVII, Sec. 5 and 6. <br />2 Colorado Constitution, Art. XVI, Sec. 6. <br /> <br />7 <br />