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<br />37.lll-102
<br />
<br />Wal", ,\lid I rrisalion
<br />
<br />132
<br />
<br />such vari.llinn precludes the rcastHlablc applicatiun uf gCllcral law to silllil.
<br />lions alld regiolls of such diversily. Aceordingly. the general assembly hereby
<br />determines lhat. for the purpose of aiding anu pre"~rving unlo the slate of
<br />Colorauo and aU its citizens the use of alNhe waters of the springs. lakes,
<br />ponds, creeks, rivers, streams, nnd wa~crcourscs of this state, which walers
<br />do nol increase with the growth ,If populalion anu which are necessary for
<br />the health and prosperity of all the citizens of the state of Colorado, and
<br />for the growth, maintenance, and general welfare of the slate. it is unlawful
<br />for any person. corporation, or association to divert. carry. or tr:lIlsporl by
<br />ditches, canals, pipes, conduits, ontur,,1 streams. or watercourses the waters
<br />of any sprins. reservoir, lake, ponu, creek. river. stream, or watercourse of
<br />this state into any other state for use therein. Where the same owner of agri-
<br />cultural land in Colorado owns agricultural land in the adjacent st:lte that
<br />is contiguous with the agricultural land in Colorado. specific authorization
<br />of the General Assembly, on the auvice of the state engineer, is required
<br />to enable the water to be used in the adjacent state for agricultural purposes
<br />only. In deciding whether or not to authorize the diversion of water from
<br />Colorado into another state, the general assembly shall consider the willing-
<br />ness of said state to allow diversions of its water for use in Colonldo.
<br />(2) This section shall not apply to section 37-81-103.
<br />
<br />Source: Amended, L. 79, p. 1364, ~ 1.
<br />
<br />1...1'" reviews.
<br />For l.lrticJc, Ulntcrgovcrnmentul Relations
<br />.and Energy Taxation". see 58 Den. W. 141
<br />
<br />(I9HO). For :lrlicle. '"TIle Effect or Water Law
<br />on the Development of Oil Shale to. see 58 Den.
<br />L.J. 751 (1981).
<br />
<br />37.ll1.102. Officials char~ed with enforcement. It is the duty of the stllte
<br />engineer, the division engineers. anu the water commissioners of this state
<br />to see that the waters of the state are preserved for the use and benefit of
<br />the citizens and inhabitants of the state for its growth, prosperity, and general
<br />welfare, and it is the further duty of said officials to prevent the waters
<br />lhereof from being diverted, carried, conveyed, or transported by ditches,
<br />canals, pipes, conduits, natural streams, or watercourses into other states for
<br />use therein unless there is specific authorization of the general assembly. as
<br />provided in section 37-81.101. Upon its being brought to the knowledge of
<br />the state engineer of Colorado that any person, corporation, or association
<br />is cllrrying or tmnsporting any of such wlllers into any other state for use
<br />therein, or is intending so to do, it is his duty to immediately call the matter
<br />to the allention of the attorney general, in behalf of and in the name of the
<br />state, who shall apply to any district court or to the supreme court of the
<br />state of Colorado for such restraining oruers or injunctions. bolh preliminmy
<br />and final, as lIIay be necessary to enforce the pJ'Ovisions of this section and
<br />section 37-lll-lOl, and jurisdiction is conferred upon said courts for s\lch pur.
<br />poses.
<br />
<br />Sou,'ce: Amcnueu, L. 79. p. 1365, ~ 2.
<br />
<br />37.ll1-103. Err~'Ct of apportionment credits upon diversions of water from
<br />state. (I) In addition to the proscriptions imposed by :my other 11Iws which
<br />prohibit the diversion or transportation of water for application oulsiue the
<br />
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