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"',~... ,rt '"'0 ')U.lUv" No_ 13,665- 'ffATER RIGHTS ADJUDICATION. DALPEZ ET .AL. v. NIX. Decided April 29, 1935- On petition for adjudication of ~he right to the use of water for irrigation claimed to have been artificially developed_ Decree for petitioner. Reversed. On Applioation for Supersedeas. 1. YlATER RIGHTS--Res Judicata. On the question of the souroe of supply for irrigation ditches, a previous finding on that matter in a general adjudi- oation proceeding is res judicata as to subsequent olaimants. ~ 2. Artifioially Developed Hater. To entitle an appropriator to a prior right to the use of water olaimed to have been artificially developed, he must prove that the water added to the stream was produced and oontributed by him and that but for his efforts it never naturally would have reaohed the stream. These faots must be established by clear and satisfactory evidence. 3. Natural Streams--Appropriators. Spring and seepage water which naturally would reaoh a stream belongs to that stream, and those users who have appropriated from the stream are entitled to use it according to their deoreed priorities. 4. Adjudioation--Parties. Ylhere a party seeks to have adjudicated his right to the use of water from a natural stream as of a later date than the date of the last decreed priority in a general appropriation proceeding. all appropriators from the stream !llI.lst be made parties. 5. Natural Streams--Sales. Any water which ultimately would find its way into a natural stream is a part of the supply thereof; it belongs to the publio until appropriated and applied to a benefioial use under statutory requirements. and is not the subject of sale as artificially developed water. 6. Sales. beoause confers If oolleoted spring and seepage water is not subject to sale a part of a natural stream. it follows that an attempted sale, no right thereto upon the purchaser. Error to the District Court of Montrose County. Hon. George Yl. Bruoe, Judge. -1-