BOARD02638

• Board Meeting Date: 3/10/1998
• Description: CF Section - Requests for Approval on Loans for New Projects - State of Colorado Participation in the GASP Regulation Project
• Board Meetings - Doc Type: Memo

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available for the use and benefit of the citizens and inhabitants of the state for its growth,
prosperity, and general welfare, and it is the further duty of said officials to prevent the waters
thereof from being diverted, carried, conveyed, or transported by ditches, canals, pipes, conduits,
natural streams, watercourses, or other means into other states for use therein unless there is
Specific authorization therefor, as provided in section 37-81-101. Upon its being brought to the
knowledge of the state engineer of Colorado that any person, corporation, or association is
unlawfully carrying or transporting any of such waters into any other state for use therein, or is
intending so to do, it is his duty to immediately call the matter to the attention of the attorney
general, in behalf of and in the name of the state, who shall apply to any district court or to the
supreme court of the state of Colorado for such restraining orders or injunctions, both
preliminary and final, as may be necessary to enforce the provisions of this section and section
37-81-10 I, and jurisdiction is conferred upon said courts for such purposes.

37-81-103. Effect ofaooortionment credits uoon diversions of water from state. (I) For
the purpose of evaluating applications made pursuant to section 37-81-10 I, no water occurring in
any aquifer or being a part of or hydraulically connected to any interstate stream system may be
diverted or appropriated in Colorado for a use which contemplates or involves the transportation
of such water into or through another state or states through which such interstate stream system
flows, for use of such diverted water in such other state or states whether as a vehicle or medium
for the transportation of another substance, or for any other use, unless the amount of water so
diverted or appropriated and transported through or into such other state or states is credited as a
delivery to such other state or states by Colorado, of water to which such other state or states
may be or claim to be entitled from such interstate source under an existing interstate compact or
otherwise. Water mixed with other substances in the process of forming a slurry for the purpose
of transporting any substance as a suspended solid shall not be deemed to have lost its character
as water.

(2) The burden shall be upon the claimant or other person seeking to divert or
appropriate water or seeking a water right based upon a claimed diversion or appropriation
coming within the provisions of subsection (I) ofthis section to prove that a means exists and is
accepted by each state, including Colorado, through which said stream system and said diverted
water flows or will flow by which the credit required in this section will be entered and
recognized by each such state.

(3) This article shall not be applicable to water contained in agricultural crops, animal
and dairy products, beverages, or processed or manufactured products or to products transported
in cans, bottles, packages, kegs, or barrels.

37-81-104. Fee for diversion - fund created. (I) To effectuate the purposes of this
article, the general assembly hereby authorizes a fee of fifty dollars per acre-foot to be assessed
and collected by the state engineer on water diverted, carried, stored, or transported in this state
for beneficial use outside this state measured at the point of release from storage or at the point of
diversion.

(2) All moneys collected pursuant to subsection (I) of this section shall be credited to the