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37-81-102. Officials charged with enforcement.'It is the duty of <br />the state engineer, the division engineers, and the water commis- <br />sioners of this state to see that the waters of the state are <br />available for the use and benefit of the citizens and inhabitants <br />of the state for its growth, prosperity, and general welfare, and <br />it is the further duty of said officials to prevent the waters <br />thereof from being diverted, carried, conveyed, or transported by <br />ditches, canals, pipes, conduits, natural streams, watercourses, <br />or other means into other states for use therein unless there is <br />specific authorization therefor, as provided in section <br />37-81-101. IIpon its being brought to the knowledge of the state <br />engineer of Colorado that any person, corporation, or association <br />is unlawfully carrying or transporting any of such waters into <br />any other state for use therein, or is intending so to do, it is <br />his duty to immediately call the matter to the attention of the <br />attorney general, in behalf of and in the name of the state, who <br />shall apply to any district court or to the supreme court of the <br />state of Colorado for such restraining orders or injunctions, <br />both preliminary and final, as may be necessary to enforce the <br />provisions of this section and section 37-81-101, and jurisdic- <br />tion is conferred upon said courts for such purposes. <br />37-81-103. Effect of apportionment credits upon diversions of <br />water from state. (1) For the purpose of evaluating applications <br />made Dursuant to section 37-81-101, no water occurring in any <br />aquifer or being a part of or hydraulically connected to any <br />interstate stream system may be diverted or appropriated in Colo- <br />rado for a use which contemplates or involves the transportation <br />of such water into or through another state or states through <br />which such interstate stream system flows, for use of such di- <br />verted water in such other state or states whether as a vehicle <br />or medium for the transportation of another substance, or for any <br />other use, unless the.amount of water so diverted or appropriated <br />and transported through or into such other state or states is <br />credited as a delivery to such other state or states by Colorado, <br />of water to which such other state or states may be or claim to <br />be entitled from such interstate source under an existing inter- <br />state compact or otherwise. Water mixed with other substances in <br />the process of forming a slurry for the purpose of transporting <br />any substance as a suspended solid shall not be deemed to have <br />lost its character as water. <br />(2) The burden shall be upon the claimant or other person <br />seeking to divert or appropriate water or seeking a water right <br />based upon a claimed diversion or appropriation coming within the <br />provisions of subsection (1) of this section to prove that a <br />means exists and is accepted by each state, including Colorado, <br />through which said stream system and said diverted water flows or <br />will flow by which the credit required in this section will be <br />entered and recognized by each such state. <br />(3) This article shall not be applicable to water contained in <br />agricultural crops, animal and dairy products, beverages, or <br />-7-