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Colorado law governs two classifications of water: surface water and and groundwater. Surface water runs in rivers and small streams, where it is visible. Groundwater soaks into the ground and travels underground until it collects in an aquifer. Shallow groundwater may in fact be the underground part of a stream, and its withdrawal affects the water of the surface stream Itself. This is referred to as tributary groundwater. Non-tributary groundwater lies far enough from surface streams that their waters are not related and are not easily replenished. Colorado Water Law The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Article XVI, Colorado Constitution SURFACE WATER LAW Surface water laws were wrillen into the Colorado Constitution at the time of statehood. Western water law originated during the California gold rush In 1849, on an informal basis, when miners had to divert water from streams for washing gold. To preserve peace with new miners who moved into the area between the first claim and the river, a rule was established guaranteeing that the miner who had used the water first had the first right to it. After him, the second miner's right was recognized, and so on down the line, regardless of the distance to the river. Miners brought this system with them to the Colorado gold rush In 1859. Because it became law for the first time here, it is called the Colorado Doctrine. It is also known as the Doctrine of Prior Appropriation or the First-In-Time, First-In-Right Doctrine. Most eastern states follow the Page 16 Riparian Doctrine in which the use of a river is given to the people living along its banks. Under this system water is not considered a separate property right as it is in Colorado, but is generally tied to the land. Some states, Including California, use a combination of both doctrines. Most western states follow the appropriation doctrine, but regulate appropriations by requiring a state permit to appropriate water. Colorado Is unique in that it is the only state to use the Doctrine of Prior Appropriation without a permit requirement. In 1969 the laws concerning surface water were extended to tributary groundwater. That is, wells which drain streams are regulated as part of the stream. This became necessary because such wells were interfering with surface water rights by intercepting the natural flow of water back to the stream. In some cases, as in the Arkansas River Basin, wells have been drilled beside or right into the river bed, reducing the amount of water available to surface water users. Under Colorado's law, the water customarily must have been removed from stream or lake or aquifer to be considered as put to "beneficial use". This provision caused some stretches of stream bed to be dried up during periods of low flow or high demand. A 1973 statute authorizes the state to appropriate water to maintain a minimum flow in streams and lakes, where essential to preserve the natural environment to a reasonable degree. The State has acquired water rights to maintain minimum flows on more than 6,600 miles of streams and rivers. Most of these rights are located in the mountainous areas of the state. In Colorado a water right is based on putting the water to a beneficial use. An unadjudlcated water right is obtained by an appropriator showing to the satisfaction of the district court which has jurisdiction (the water court) that he has diverted water hitherto unappropriated, in order to put It to beneficiai use, or that he has at least shown due diligence with this end in view. If the Court approves, it awards a decree establishing the date on which the appropriation was undertaken. However, until the project is completed, It must be carried on with due diligence or the priority date is forfeited. Because many such projects still hold conditional decrees, it is difficult to get an accurate figure of how much water actually has been appropriated. Under the Colorado Constitution if there is not enough water, uses have preference in the following order: domestic, agricultural, and industrial. The only practical effect is to give a preferred use the right to condemn a subordinate use.