|
3 7- 9a 9--4-i4f?3
<br />1200 WATER RIGHTS AND IRRIGATION
<br />CHAPTER 373
<br />R STS IRRIGATTON
<br />WATER RIGHT DETERMINATION AND ADMINISTRATION
<br />IL7 togi
<br />Ch. 373
<br />(Senate Bill 'To. 81. By Senators Gill, Denny, Anderson, Armstrong, Bermingham, Chance.
<br />Claneroa DeBemrd, Dines. Enatrom. H. Fowler. L. Fowler, Garnsey. Hod Res. Jackson. Kemp,
<br />Locke, ?RacFarlane. Massarl, Minister, Ohlson. Rockwell. Schieffelht, Shoemaker, Stockton,
<br />Strickland, and Williams: also Representatives Bain. Braden. DeMouiln. Fentress, Grimshaw,
<br />Mullen. E. Newman, Sack, and Sanchez.)
<br />AN 4. C T
<br />CONCERNING WATER, AND ENACTING THE "WATER RIGHT DETERMINA-
<br />TION AND ADMINISTRATION ACT OF 1969".
<br />Be it enacted by the General Assembly of the State of Colorado:
<br />Section 1. Chapter 148, Colorado Revised Statutes 1963, as amended,
<br />is amended BY THE ADDITION OF A NEW ARTICLE to read:
<br />ARTICLE '!I
<br />WATER RIGHT DETERMINATION AND ADMINISTRATION
<br />148-21-1. Short title. This article shall be known and may be cited as
<br />the "Water Right Determination and Administration Act of 1969".
<br />148-21-2. Declaration of policy.-(1) It is hereby declared to be the
<br />policy of the state of Colorado that all waters originating in or flowing into
<br />this state, whether found on the surface or underground, have always been
<br />and are hereby declared to be the property of the public, dedicated to the
<br />use of the people of the state, subject to appropriation and use in accor-
<br />dance with law. As incident thereto, it shall be the policy of this state to
<br />integrate the appropriation, use and administration of underground water
<br />tributary to a stream with the use of surface water, in such a way as to
<br />maximize the beneficial use of all of the waters of this state.
<br />(2) Recognizing that previous and existing laws have given inadequate
<br />attention to the development and use of underground waters of the state,
<br />that the use of underground waters as an independent source or in conjunc-
<br />tion with surface waters is necessary to the present and future wel-
<br />fare of the people of this state, and that the future welfare of the state
<br />depends upon a sound and flexible integrated use of all waters of the state,
<br />it is hereby declared to be the further policy of the state of Colorado that
<br />in the determination of water rights, uses and administration of water the
<br />following principles shall apply:
<br />(a) Water rights and uses heretofore vested in any person by virtue of
<br />Capital letters indicate new material added to existing statutes; dashes through words
<br />indicate deletions from existing statutes and such material not part of act.
<br />Ch. 373 WATER RIGHTS AND IRRIGATION 1201
<br />previousprotectedorsubjexistingto
<br />the, includingof anthisaparpticleropriation from a well, shall be
<br />ect lawsprovisions
<br />.
<br />(b) The existing use of ground water, either independently or in con-
<br />junction with surface rights, shall be recognized to the fullest extent possi-
<br />ble, subject to the preservation of other existing vested rights, provided,
<br />however, at his own point of diversion on a natural water course, each
<br />diverter must establish some reasonable means of effectuating his diver-
<br />sion. He is not entitled to command the whole flow of the stream merely
<br />to facilitate his taking the fraction of the whole flow to which he is entitled.
<br />(c) The use of ground water may be considered as an alternate or
<br />supplemental source of supply for surface decrees heretofore entered, tak-
<br />ing into consideration both previous usage and the necessity to protect the
<br />vested rights of others.
<br />(d) No reduction of any lawful diversion because of the operation of
<br />the priority system shall be permitted unless such reduction would increase
<br />the amount of water available to and required by water rights having
<br />senior priorities.
<br />148-21-3. Definitions.-(1) For the purposes of this article, unless
<br />the context clearly indicates a different meaning:
<br />(2) "Person" means an individual, a partnership, a corporation, a
<br />municipality, the state of Colorado, the United States of America, or any
<br />other legal entity, public or private.
<br />(3) "Waters of the state" means all surface and underground water
<br />in or tributary to all natural streams within the state of Colorado, except
<br />waters referred to in 148-18-2 (3).
<br />(4) "Underground water" as applied in this act for the purpose of de-
<br />fining the waters of a natural stream, means that water in the unconsoli-
<br />dated alluvial aquifer of sand, gravel, and other sedimentary materials,
<br />and all other waters hydraulically connected thereto which can influence
<br />the rate or direction of movement of the water in that alluvial aquifer or
<br />natural stream. Such "underground water" is considered different from
<br />"designated ground water" as defined in 148-18-2 (3).
<br />(6) "Diversion" or "divert" means removing water from its natural
<br />course or location, or controlling water in its natural course or location,
<br />by means of a ditch, canal, flume, reservoir, by-pass, pipeline, conduit, well,
<br />pump, or other structure or device.
<br />(6) "Appropriation" means the diversion of a certain portion of the
<br />waters of the state and the application of the same to a beneficial use.
<br />(7) "Beneficial use" is the use of that amount of water that is reason-
<br />able and appropriate under reasonably efficient practices to accomplish
<br />without waste the purpose for which the diversion is lawfully made and
<br />without limiting the generality of the foregoing, shall include the impound-
<br />ment of water for recreational purposes, including fishery or wildlife.
<br />(8) "Water right" means a right to use in accordance with its priority
<br />a certain portion of the waters of the state by reason of the appropriation
<br />of the same.
<br />(9) "Conditional water right" means a right to perfect a water right
<br />with a certain priority upon the completion with reasonable diligence of
<br />the appropriation upon which such water right is to be based.
<br />(10) "Priority" means the seniority by date as of which a water right
<br />is entitled to divert or conditional water right will be entitled to divert and
|