PUB00068

• Year: 1952
• Title: A Hundred Years of Irrigatioin in Colorado, 100 Years of Organized and Continuous Irrigation
• Author: CWCB
• Description: Irrigation history of Colorado
• Publications - Doc Type: Historical

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is a "phoney" thing. It provicfes that ditches tak~ng water from the same
stream, may exchange with, or loan to another for a limited time, the
water to which they may be entitled. Our Supreme 10urt, however, has
held that when a water user has no immediate need for h~s water, he must
leave the same in the stream. It would, therefore, appear that he would
have nothing to exchange or loan.

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There is also a lavl relating to the appropriation of the waters of
springs, which 'provides.that the owner of the land upon which a spring
arises, has the first right to appropriate the waters thereof. Our
Supreme Court, however, has held that if the waters of the spring, if
left unhindered in their movement, would reach a natural water course,
they are a part of the waters thereof, and therefore, may not be taken
except in order of priority with all decreed appropriators on the stream
to which the spring is tributary, whether by surface flows or as perco-
lating underground water.

Colorado has no laws specifically relating to shallow underground
waters, although .numerous attempts to enact legislation on this impor-
tant subject have been made in recent years. Our Supreme Court has held
that all waters, whether surface or underground in character, if left
unhindered in their movements would eventually reach some water course,
are a part of the waters of such water course the moment they start on
their transit. There are two laws relating to artesian waters and the
use and control thereof which are virtually ineffective for lack of
administrative authority.

Under our laws, one may not unduly waste water to the detriment of
another appropriator and the water officials are charged with the duty of
preventing such waste.

Another important law relates to the use of the natural stream
channels of the State, as carriers for transmitting water stored in an
upstream reservoir to points downstream, for delivery to ditches or to
other reservoirs. This law provides that the owner~of the reservoir
shall be subject to a penalty to cover losses in transit from the
reservoir to point of delivery, which the State Engineer is required to
determine.

One of the most important responsibilities of the State Engineer is
that of passing upon the adequacy of Plans and Specifications covering
the construction of all reservoir dams, the maximum height of l;hich ex-
ceed 10 feet, or which will create a reservoir with a surface area in
excess of 20 acres. He is also charged with the responsibility of re-
quiring that such dams be maintained in a safe condition, and has
authority to limit the stage of storage in a reservoir within limits
which he considers to be safe.

.

There is maintained in the State Engineer1Sl'jffice, an elaborate
filing system which includes many thousands of claims of appropriations
of water, and Court decrees. Also Plar.s and Specifications for nearly
one thousand, nine hundred reservoir dams, for which a card index system
must be currently maintained.