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<br />denoe, prove that the water thus added was produoed and contributed by him, and
<br />that, if not interfered with and left tci !'lov, in accordance with natural laws,
<br />it would not have reached the stream." In a late case. leadville June Develop-
<br />ment Co. v. Anderson, 91 Colo. 536, 17 P. (2d) 303, the court used the following
<br />language' "V/here a person by his own efforts has increased the flew of water in
<br />.a natural stream, he is entitled to the use of the ,vater to the extent of the
<br />increase. Platte Valley Irrigation Co. v. Buckers Irrigation, J.lilling and
<br />Improvement Co." 25 Colo. 77, 53 Pac. 334. Ripley v., Park Center Land and Water
<br />Co., 40 Colo. 129, 90 Pac. 75. Bieser v. Stoddard, 73 Colo. 554, 216 Pac.. 707.
<br />Comrie v. Sweet, 75 Cole. 199, 225 Pac. 214. But to entitle him to such use,
<br />he l!Ulst prove that the viater thus added to the stream was produced and con-
<br />tributed by him, and that, if not interfered with, but left to flow in aocord-
<br />ance with natural laws, it would not have reached the stream. and he IllUst prove
<br />this by clear and satisfactory evidence. Comrie v. Sweet, supra, p. 201". We
<br />call attention in this connection to the case of Bieser v. Stoddard. 73 Colo.
<br />554, 216 Pac. 707, whel'e the matter of developed waters is discussed and a similar
<br />rule laid down.
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<br />In the present case, if the applicant is to be decreed these waters as
<br />developed waters, it is necessary to ask and angwer the question. Has the
<br />quantity of water in rIrights Springs Draw been increased by reason of the efforts
<br />of the petitioner? A part of the development work, namely the tile or drainage
<br />box system paralleling the county road, was put in by the county without any
<br />effort or expense on the part of petitioner; and under our holding in the ease
<br />of Farmers' Union Ditch Co. v. Rio Grande Canal Co., 37 Colo. 512. 86 Pac. 1042.
<br />such construction by the county, even though water is developed. does not give
<br />the applioant. whose efforts did not contribute to its development, any right
<br />therein superior to that of other appropriators on the stream. Vlhi1e the
<br />Farmers' Union Ditch Co. v. Rio Grande C. Co., supra, is conclusive against
<br />petitioner so far as the water developed through the drain constructed by the
<br />county is concerned. it is not neoessary to determine the matter on that ground
<br />alone. In that case we saidl "The claimants expended no money cr labor, in
<br />the way of driving the tunnel from which the water flows, nor have they purchased
<br />any rights which the persons driving the tunnel might have had therein. The
<br />water from the tunnel finds its way to the stream and has beoome a part thereof.
<br />It inures to the benefit of all taking water therei'rom. In this particular water
<br />the claimants have no interest or right Which will permit them to segregate a
<br />volume of water equal to that !'lowing frOm the tunnel, even if it be an actual
<br />increase, and assert an exclusive right thereto as against others diverting
<br />water from the stream. La Jara Creamery & Live Stock Association v. Hansen,
<br />35 Colo. 105."
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<br />(3) The uncontroverted evidence in this case is that the tile drain para-
<br />lleling the road vras oonstructed by the county to interoept waters before they
<br />drained into the road. The statement of facts as to the topography of the
<br />country shows conclusively that the water from the Dunham land, if not intercepted
<br />by the two mentioned drains, viou1d ultimately have found its way into the ohannel
<br />of Wright's draw. The trial judge recognized this natural law of gravitation,
<br />of which all courts take judicial notice, when he said, in response to an offer of
<br />the respondents to prove by the witness Elliott that the waters of the swamp
<br />lands drained by the two systems would ultimately find their way into vrright's
<br />draw, "I think that is apparently true exoept as to the portion allowed for eva-
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