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<br />001003 <br /> <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. <br /> <br />, <br /> <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." <br /> <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- <br /> <br />-4.. <br />