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r:'0'~'\:" ;' i . .~ ~~~l" " , ~5J " ..' ''". ',. \ ,-oj .::.:''1::. -'-'4:;"--.' '~L " .< Si~ilarly, th0. Court in Thomas v. Guiraud, supra, recognized that actual diversion is not necessarily a pre- requisite to the establishment of a lawful appropriation: "The true test of appropriation of water is the successful application thereof to the beneficial use deslgne~ and the method of divertlng or carrying the same,or making such application, is immaterial." (Emphasis supplied.) Id. at 533. More recently, in Town of Genoa v. Westfall, supra, the Court stated that: "It is not necessary in every case for an appropriator, of water to construct ditches or artificial ways through which the water might be taken from the stream in order that a valid appropriation be made. The only indis- ensable re uirements are that the a' ropriator lnten s to use t e water or a ene lC a pur~ and actually applies them to that use." (Emph"sis supplled. ) Id. at 547. The Guiraud, Larimer, and Genoa CAses, supra, differ from the present action in that these cases were primarily con- cerned with whether natural methods of diversi.on, such as natur~l depressions and river overflow, may lawfully be ~lsed to appropriate water. The objectors' claim, on the other hand, is that none of the claimed water will be diverted at all. ~one- theless, the language set forth in the above cases is suffi- ciently broad to support a claim for water where no diversion is contemplated, provided that the water is put to h~neficial use. It is significant that most of the Colorodo cases which have held that an actual diversion 1s required, are. .::ases which involve the appropriation of water for municipal and i~ri- gation purposes, e.g., Northern Colorado, supra: Board of Cpunty Commissioners v. Recky Mountain Water Company, l02 Colc. JSl (193&). For obvious reasons, such appropriations nearly alwajs require the actual \.liversion of "-"atcr [t'om the nat,\.;.ral strearr: bed to the site where the water will be applied to a beneficial use. On th~ other hand, instream uses of water are clearly not dependent upon actual diversion. - 11 - ~ .