PUB00159

• Year: 1991
• Title: Interstate Transfers of Water: State Options After Sporhase
• CWCB Section: Administration
• Author: Richard S Harsberger
• Description: Interstate Transfers of Water: State Options After Sporhase
• Publications - Doc Type: Historical

850

NEBRASKA LAW REVIEW

[Vol. 70:754

this state of the beneficial use of waters apportioned to Colorado by
interstate compact or judicial decree.
(4) Any diversion of water from this state which is, pot in com..
pliance .with this section shall not be recognized' as a beneficial uSe
for purposes of perfecting a water right to the extent of such unlaw-
ful diversion or use.

4i

37-81-102. Officials charged with enforcement. It is the duty of
the state engineer, the division engineers, and the water commis-
sioners of this state to see that the waters of the state are available
for the use and benefit of the citizens and inhabitants of the state
for its growth, prosperity, and general welfare, and it is the further
duty of said officials to preveiit""the waters thereof from being di-
verted, carried, conveyed, or transported by ditches, canals, pipes,
conduits, natural streams, watercourses, or other means into.othet:.
states for use therein unlessthereJs specifie.a.utk(!>~tion therefor,
as provided in section 37-81-1001. Upon its being brought to the
knowledge of the state engineer of Colorado that any person, corpo-
ration, or association is unlawfully carrying or transporting any of
such waters into any other state for use therein, or is intending so to
do, it is his duty to iminediate1y call the matter to the attention of
the attorney general, in behalf of aDd in the name of the state, who
shall apply to any district court or to the supreme court of the state
of colorado for such restraining orders or injunctions, both prelimi-
nary and final, as may be necessary to enforce the provisions of this
section and section 37-81-101, and jurisdiction is conferred upon said
courts for such purposes.

37-81-103. Effect of apportionment credits upon diversions of
water from state. (1) For the purpose of evaluating applications
made pursuant to section 37-81-101,' no water occurring in any aqui-
fer or being a part of or hydraulically connected to any interstate
stream system .'may be diverted or appropriated in Colorado for a
use which contemplates or involves the transportation of such
water into or through another state or states through which such
interstate stream system flows, for use of such diverted water in
such other state or states whether as a vehicle or medium for the
transportation of another substance, or for any other use,/unless.the
amount of 'water so diverted or appropriated and transported
through or into such other state or states is credited as a delivery to
such other state or states by Colorado, of water to which such other
state or states may be or claim to be entitled from such interstate
source under an existing interstate compact or otherwise. Water
mixed with other substances in the process of forming a slurry for
the purpose of transporting any substance as a suspended solid shall
not be deemed to have lost its character as water.

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HeinOnline -- 70 Neb. L. Rev. 850 1991