9352

• UCREFRP Catalog Number: 9352
• Author: White, C. B.
• Title: Private Interests in Instream Flows.
• USFW Year: 1990.
• USFW - Doc Type: \
• Copyright Material: NO

B. Meadow Act, C.R.S. §37-86-113 (1879):
1. Recognizes priority of appropriation for irrigation
of meadow land "by the natural overflow or operation of the
water" of a natural stream.
2. Appropriator has right to construct ditch to replace
natural overflow and retain original priority.
Rights acquired by natural overflow were described as
"vested" in Humphreys Tunnel and Mining Co v Frank, 46 Colo.
524, 105 P. 1093 (1909).
C. Colorado River Water Conservation District power:
To file upon and hold for the use of the public
sufficient water of any natural stream to
maintain a constant stream flow in the amount
necessary to preserve fish....
C.R.S. §37-46-202(1)(j) (1937). Claims made under this
statute were disapproved as a matter of statutory
interpretation by the Supreme Court in Colorado River Water
Conservation District v. Rocky Mountain Power Co., 158 Colo.
331, 406 P.2d 798 (1965).
D. Codification of diversion requirement in 1969 Act, C.R.S.
§37-92-103:
1. "Appropriation", "beneficial use", and "priority"
were originally defined in relation to "diversion".
2. "Diversion" was defined as "removing water from its
natural course or location, or controlling water in its
natural course or location, by means of a ditch, canal, flume,
reservoir, by-pass, pipeline, conduit, well, pump, or other
structure or device".
3. "Beneficial use" included "the impoundment of water
for recreational purposes, including fishery or wildlife".
E. Colorado Water Conservation Board powers:
1. S.B. 97 (1973).
a. Deletion of diversion requirement from §37-
92-103;
b. CWCB is "vested with the authority, on behalf
of the people of the State of Colorado", to "appropriate
in a manner consistent with Sections 5 and 6 of Article
XVI of the State Constitution", such water as "may be
2