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<br />/I. . r/'. <br /> <br />(b) It is also recognized that it has been the continuing historical policy of the state of <br />Colorado to conserve and prevent waste of its water resources to provide adequate supplies of ~ <br />water necessary to insure the continued health, welfare, and safety of all of its citizens. <br />Accordingly, the general assembly hereby determines that, for the purpose of conserving the <br />scarce water resources of this state and to thereby insure the continuing health, welfare, and <br />safety of the citizens of this state, it is unlawful for any person, including a corporation, . <br />associatiop, or other entity, to divert, carry, or transport by flitches, canals, pipes, conduits, <br />natural streams, watercourses, or any other ,means any of the water resources found in this statll <br />into any other state for use therein without first complying with this section and section, <br />37-81-104. <br /> <br />(2) To effectuate the purposes of subsection (I) of this section and section 37-81-104, no <br />person may divert, carry, or transport any surface or ground water from this state by ditches, <br />canals, pipes, conduits, natural streams, watercourses, or other means without meeting the <br />requirements for obtaining a permit to construct a well if the source of water is to be ground <br />water or if a well permit is not required without first obtaining an adjudication from the water <br />court for the right to use water outside the state. In the case of a well for which a permit has been <br />issued for a use of ground water within Colorado, a change of use for a use outside the state must <br />be approved by the water court or, if it is designated ground water, the change must be approved <br />by the Colorado ground water commission. A person desiring to divert, carry, or transport any <br />water outside Colorado shall file an appropriate application therefor and comply with the <br />requirements of this section in addition to any other requirements, terms, and conditions provided <br />or authorized by law pertaining to such application. . <br /> <br />(3) Prior to approving an application, the state engineer, ground water commission, or <br />water judge, as the case may be, must find that: <br /> <br />(a) The proposed use of water outside this state is expressly authorized by interstate <br />compact or credited as a delivery to another state pursuant to section 37-81-103 or that the <br />proposed use of water does not impair the ability of this state to comply with its obligations <br />under any judicial decree or interstate compact which apportions water between this state and <br />any other state or states; <br /> <br />(b) The proposed use of water is not inconsistent with the reasonable conservation of the <br />water resources of this state; and <br /> <br />(c) The proposed use of water will not deprive the citizens of this state of the beneficial <br />use of waters apportioned to Colorado by interstate compact or judicial decree. <br /> <br />(4) Any diversion of water from this state which is not in compliance with this section <br />shall not be recognized as a beneficial use for purposes of perfecting a water right to the extent of <br />such unlawful di version or use. <br /> <br />37-81-102. Officials charged with enforcement. It is the duty of the state engineer, the . <br />division engineers, and the water commissioners of this state to see that the waters of the state are <br />