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1366 WATER AND IRRIGATION <br />CHAPTER 346 <br />WATER AND IRRIGATION <br />APPROPRIATION AND USE OF WATER <br />SENATE BILL NO. 481. BY SENATORS Anderson, Allshouse. Clark. H. Fowler, Hatcher, McCorrruck. Phe:cs. <br />Soash. Strickland. Wham, Yost, and Zakhem: also REPRESENTATIVES Burford. Davoren. hamlet. LI::Pc:. Rtts s. <br />Shoemarer. Showalter. and Theos. <br />AN ACT <br />CONCERNING WATER SUBJECT TO APPROPRIATION. <br />Be it enacted by the General Assembly of the State of Colorado: <br />Section 1. 37 -82 -101, Colorado Revised Statutes 1973, is REPEALED AND <br />REENACTED, WITH AMENDMENTS, to read: <br />37 -82 -101. Waters of natural surface streams subject to appropriation. I I) <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. «hen <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withdrawn, do not impair the flow of natural surface streams.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 />37 -82 -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 voiume <br />Capital letters indicate new material added to existing statutes; dashes rhrou_eh x ords indicate <br />deletions from existing statutes and such material not part of act. <br />