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1366 WATER AND IRRIGATION Ch. 346
<br />CHAPTER 346
<br />WATER AND IRRIGATION
<br />APPROPRIATION AND USE OF WATER
<br />SENATE BILL NO. NI. BY SENATORS Anderson, Allshouse. Clwk. H. Fowler, Hatcher. McCormick. Phelps, Powers,
<br />Swh. Sniddwil. Wham, You, ad 7akhem; also REPRESENTATIVES Burford, Davoren, Handin. LAIPoP. Reeves,
<br />shoewAa, Showa4a. "d 111006.
<br />AN ACT
<br />CONCERNING WATER SUBJECT TO APPROPRIATION.
<br />Be it enacted by the General Assembly of the State of Colorado:
<br />Section I. 37-82-101, Colorado Revised Statutes 1973, is REPEALED AND
<br />REENACTED, WITH AMENDMENTS. to read:
<br />3742-101. Waters of natural surface streams subject to appropriation. (1)
<br />The water of every natural stream, as referred to in sections 5 and 6 of article
<br />XVI of the state constitution, includes all the water occurring within the state
<br />of Colorado which is in or tributary to a natural surface stream. The waters
<br />of natural streams of Colorado do not include underground waters not in or
<br />tributary to natural surface streams nor underground waters which, when
<br />withdrawn, do not impair the flow of natural surface streams. All waters not
<br />in or tributary to a natural stream, as described in this subsection (1), shall
<br />be subject to such administration and use as the general assembly may pro-
<br />vide by law. Such nontributary waters, when released from the dominion of
<br />the user, become a part of the natural surface stream where released, subject
<br />to water rights on such stream in the order of their priority.
<br />(2) A stream system which arises as a natural surface stream and, as a
<br />natural or man-induced phenomenon, terminates within the state of Colorado
<br />through naturally occurring evaporation and transpiration of its waters,
<br />together with its underflow and tributary waters, is a natural surface stream
<br />subject to appropriation as provided in subsection (1) of this section.
<br />Section 2. 37-82-106, Colorado Revised Statutes 1973, is amended to read:
<br />3742-106. Right to reuse of imported water. (1) Whenever an appropria-
<br />tor has lawfully introduced foreign water into a stream system from an
<br />unconnected stream system, such appropriator may make a succession of
<br />uses of such water by exchange or otherwise to the extent that its volume
<br />Capital letters indicate new material added to existing statutes; dashes through words indicate
<br />deletions from existing statutes and such material not part of act.
<br />Ch. 346 WATER AND IRRIGATION 1367
<br />can be distinguished from the volume of the streams into which it is intro-
<br />duced. Nothing in this section shall be construed to impair or diminish any
<br />water right which has become vested.
<br />(2) TO THE EXTENT THAT THERE EXISTS A RIGHT TO MAKE
<br />A SUCCESSION OF USES OF FOREIGN, NONTRIBUTARY, OR
<br />OTHER DEVELOPED WATER, SUCH RIGHT IS PERSONAL TO THE
<br />DEVELOPER OR HIS SUCCESSORS, LESSEES, CONTRACTEES, OR
<br />ASSIGNS. SUCH WATER, WHEN RELEASED FROM THE DOMINION
<br />OF THE USER, BECOMES A PART OF THE NATURAL SURFACE
<br />STREAM WHERE RELEASED, SUBJECT TO WATER RIGHTS ON
<br />SUCH STREAM IN THE ORDER OF THEIR PRIORITY. BUT NOTHING
<br />IN THIS SUBSECTION (2) SHALL AFFECT THE RIGHTS OF THE
<br />DEVELOPER OR HIS SUCCESSORS OR ASSIGNS WITH RESPECT TO
<br />SUCH FOREIGN, NONTRIBUTARY, OR DEVELOPED WATER, NOR
<br />SHALL DOMINION OVER SUCH WATER BE LOST TO THE OWNER
<br />OR USER TFT°-REOF BY REASON OF USE OF A NATURAL WATER
<br />COURSE IN 'i HE PROCESS OF CARRYING SUCH WATER TO THE
<br />PLACE OF ITS USE OR SUCCESSIVE USE.
<br />Section 3. 37-87-101, Colorado Revised Statutes 1973, is amended to read:
<br />37-87-101. Right to store waters. (1) Persons desirous DESIRING to con-
<br />struct and maintain reservoirs for the purpose of storing water have the right
<br />to store therein any of the unappropriated waters of the state not thereafter
<br />needed for immediate use for domestic or irrigating purposes, and to con-
<br />struct and maintain ditches for carrying such water to and from such reser-
<br />voirs, and to condemn lands required for the construction and maintenance
<br />of such reservoirs and ditches in the same manner as now provided by law;
<br />except that after April 18, 1935, the appropriation of water for any reservoirs
<br />hereafieT constructed when decreed. shall be superior to an appropriation of
<br />water for direct application claiming a date of priority subsequent in time
<br />to that of such reservoirs.
<br />(2) UNDERGROUND AQUIFERS ARE NOT RESERVOIRS WITHIN
<br />THE MEANING OF THIS SECTION EXCEPT TO THE EXTENT SUCH
<br />AQUIFERS ARE FILLED BY OTHER THAN NATURAL MEANS WITH
<br />WATER TO WHICH THE PERSON FILLING SUCH AQUIFER HAS A
<br />CONDITIONAL OR DECREED RIGHT.
<br />Section 4. 37-92-102 (1),.Colorado Revised Statutes 1973, is amended too
<br />read:
<br />37-92-102. Legislative declaration. (1) (a) It is hereby declared to be the
<br />policy of the state of Colorado that all waters WATER IN OR TRIBUTARY
<br />TO NATURAL SURFACE STREAMS originating in or flowing into this
<br />state whether found on Owe surface or andergmund, have always been and
<br />are hereby declared to be the property of the public, dedicated to the use
<br />of the people of the state, subject to appropriation and use in accordance
<br />with low SECTIONS 5 AND 6 OF ARTICLE XVl OF THE STATE CON-
<br />STITUTION AND THIS ARTICLE. As incident thereto, it is the policy of
<br />this state to integrate the appropriation, use, and administration of under-
<br />ground water tributary to a stream with the use of surface water in such
<br />a way as to maximize the beneficial use of all of the waters of this state.
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