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<br />133 <br /> <br />Approprialiun .lIId Usc uf Walcr <br /> <br />3H2-IOI <br /> <br />slate of Colorado, or in the cvent of thc invalidity or inupplicability of uny <br />such othcr law, no wulcr occurring in any aquifcr or bcing a part of or <br />hydraulically conncelctl 10 any interslale stre:lm system may be diverted or <br />appropriated in Colorado for a \JSC which eonlclllplatcs or involves lhc trans- <br />porl"lion of s\Jeh waler into or throuj;h another st"lc or slatcs lhrough which <br />such inlersl"lc slrc"Ol system flows, fur usc of such diverted w"ter in s\Jeh <br />other state or states, whclher ::s " vehicle or medium for the lransport"tion <br />of lmother subsl"nee, or for any olher use, unless the amount of water so <br />diverted or appropriated and transported through or into such olher slute or <br />stutes is credited lIS a delivery tu such ulher stulc or slalcs by Colurado, <br />uf waleI' to which such other slale 01' slates lIlay be or claim to be entitled <br />from such interst"te source under un cxisting inlcrstulc compuct or otherwise. <br />Water mixctl with other ~ubslanees in the pro-ess of forming a slurry for <br />the purpose of transporting uny substance as a suspended solid shall not be <br />deemed to have lost its chumcter us wuter. <br />(2) The burden shall be upon the claimant or other person seeking to <br />divert or appropriate water or seeking a water right based upon a c1uimed <br />diversion or uppropriation coming within the provisions of subsection (I) of <br />this section to prove that a means exists and is accepted by each state, includ- <br />ing Colorado, through which said stre"m system und s"id diverted wuter <br />flows or will flow by which the crctlit rcquircd in this section will be cntcred <br />and recognized by each such state. <br />(3) Where the equitable apportionment of the waters of such interstate <br />stream system has been established by an interstate compacl which is admin- <br />istered by a commission or other authcrit~', any such means of credit must <br />be expressly recognized and approved by such commission or other authority. <br />(4) In the event proceedings to apportion interstate waters are initiated, <br />and if decrees to export water from the subject interstate waters in Colorado <br />to a state through or into which the subject waters flow have been granted <br />pursuant to subsection (I) of this section, th'_ representatives of the state <br />of Colorado in such proceedings shall rcquire that credit be given to Colorado <br />for those waters exported to such other state. <br />(5) This section shall not be applicuble to water contained in ugricultural <br />crops, unimlll und duiry prooucts, bcvemges, processed or manufactured <br />products, or to products transported in cans, bottles, packages, kegs, or bar. <br />rels. <br /> <br />Sourcc: Added, L. n, p. 1694,9 I. <br /> <br />ARTICLE 82 <br /> <br />Appropriation and Usc or Water <br /> <br />37.H2.101. <br /> <br />WOlters of nalurOlI surface <br />streams subject to <br />appropriation. <br /> <br />37-ll2.1(J(j. <br /> <br />Right tu reuse of imported <br />wuter. <br /> <br />37-112-tOI. Waters or natural surface strcao" subject to alll.rO(lriation. (1) <br />Thc water of every natural stream, as referred to in sections 5 and 6 of article <br />XVI of the state constitution, includes all the waler occurring within the state <br />