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<br />.T,--,..""'ra <br /> <br />water diversion fund, which fund is hereby created. The general assembly shall annually <br />appropriate all moneys in said fund for water projects for the state. Said appropriation shall be <br />consistent with part 13 of article 3 of title 2, C.R.S. <br /> <br />. <br /> <br />37-82-101. Waters of natural surface streams subiect to appropriation. (I) The water of <br />every natural stream, as referred to in sections 5 and 6 of article XVI of the state constitution, <br />includes all the water occurring within the state of Colorado which is in or tributary to a natural <br />surface stream but does not include nontributary ground water as that term is defined in section <br />37-90-103. All nontributary ground water shall be subject to such administration and use as the <br />general assembly may provide by law. Such nontributary waters, when released from the <br />dominion of the user, become a part of the natural surface stream where released, subject to water <br />rights on such stream in the order of their priority. <br /> <br />(2) A stream system which arises as a natural surface stream and, as a natural or <br />man-induced phenomenon, terminates within the state of Colorado through-naturally occurring <br />evaporation and transpiration of its waters, together with its underflow and tributary waters, is a <br />natural surface stream subject to appropriation as provided in subsection (1) of this section. <br /> <br />37-82-106. Right to reuse ofimDorted water. (I) Whenever an appropriator has lawfully <br />introduced foreign water into a stream system from an unconnected stream system, such <br />appropriator may make a succession of uses of such water by exchange or otherwise to the extent <br />that its volume can be distinguished from the volume of the streams into which it is introduced. . <br />Nothing in this section shall be construed to impair or diminish any water right which has <br />become vested. <br /> <br />(2) To the extent that there exists a right to make a succession of uses of foreign, <br />nontributary, or other developed water, such right is personal to the developer or his successors, <br />lessees, contractees, or assigns. Such water, when released from the dominion of the user, <br />becomes a part of the natural surface stream where released, subject to water rights on such <br />stream in the order of their priority, but nothing in this subsection (2) shall affect the rights of the <br />developer or his successors or assigns with respect to such foreign, nontributary, or developed <br />water, nor shall dominion over such water be lost to the owner or user thereof by reason of use of <br />a natural watercourse in the process of carrying such water to the place of its use or successive <br />use. <br /> <br />37-83-104. Reservoirs and ditches may exchanl!e. When the rights of others are not <br />injured thereby, it is lawful for the owner of a reservoir to deliver stored water into a ditch <br />entitled to water or into the public stream to supply appropriations from said stream and take in <br />exchange therefor from the public stream higher up an equal amount of water, less a reasonable <br />deduction for loss, if any there be, to be determined by the state engineer. The person or <br />company desiring such exchange shall be required to construct and maintain, under the direction <br />of the state engineer, measuring flumes or weirs and self-registering devices at the point where <br />the water is turned into the stream or ditch taking the same or as near such point as is practicable . <br />so that the division engineer may readily determine and secure the just and equitable exchange of <br />