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<br />is a "phoney" thing. It prov1d"es that clitches tald,ng water .from ,the same
<br />stream, may exchange with, or loan to another for a limi te,d time, the
<br />water to which they may beenti tled. o,n. Supreme '-mrt, however, has ,
<br />held that ~en a Water user has no immediate need for his water, he must
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<br />leave tile same in the stream. It would, therefors, appear that, he would
<br />have nothing to exchange or loan. '
<br />
<br />There is, also a law relating to the appropriation of the waters of
<br />springs, which 'provides'the.t the owner of the land upon which a spring
<br />arises, has the first right to appropriate the waters thereof. Our
<br />Supreme Court, howevsr, has held that if the waters of the spring, if
<br />'2 left unhindered in their movement; would reach a natural water courss,
<br />they are a' part of 'the waters thereof, and therefore, may not be taken
<br />except in order of priority with all decreed appropriators on the stream
<br />to which the spring is tributary, whether by surface flows or as perco-
<br />le. ting under ground lUl tel'. '
<br />
<br />Colorado has no laws specifically rslating to shallow 'underground
<br />waters, although .numerous attempts to enact' legi~lation on this impor-
<br />tant subject, have been made in'recent years. 'Our Supreme Court has held
<br />that all watere, whether surface or underground in character, if 'left
<br />unhindered in their moVements would eventualJ,y reach same water course,
<br />are a part of the waters of such water course, the moment, they start on
<br />their tranlli t; There are two laws relating to artesian waters ,and the
<br />use and control thsreof which are virtually ineffective for laok of
<br />administrative authority. '
<br />
<br />Under our laws, one may 'not unduly waste water to the detriment of
<br />another appropriator and the water officials are charged w1th the duty of
<br />preventing such waste. '
<br />
<br />Another important law relates to the use of the natural'strearn
<br />channels of the'State, as carriers for tranBlllitting water stored in an
<br />upstream reservoir to POintll downstream, for delivexy to clitches or to
<br />other ressrvoirs. Ttlis law provides that the owner' of the reservoir'
<br />shall be subject to a penalty to cover losses in transit .fram the
<br />reservoir to point of delivery, which the State Engineer is required 'to
<br />determine. '
<br />
<br />One of the most important responsibilities of the State 'Engineer is
<br />that of passing upon the adequacy of Plans and Specificat10nll ,covering
<br />ths 'construction of all reservoir dams, the maximum height of liMch ex-
<br />ceed 10 feet, or which will create a reservoir with a surface area in
<br />excess of 20 acres. He is also charged with the responsibility of re-
<br />quiring that such dams 'be maintair\ed in a, safe condition, and has
<br />authority to limit the stage of lltorage in a reserv"ir within limits
<br />which he considers to be safe.
<br />
<br />There id maintained in the State Engineer's'''ffics, an elaborate
<br />fUing systelli which includes mapy thousands of claime of appropriations
<br />of water, and Court decrees. AlllO Plana and Specifications for nearly
<br />one thousand, nine hundred reservoir dBme, for which a card index system
<br />must be currently maintained.
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