3165. Owners of land on streams entitled to use of water.—
Sec. 1. All persons who claim, own or hold a possessory right
or title to any land or parcel of land within the boundary of the
state of Colorado, as defined in the constitution of said state,
when those claims are on the bank, margin or neighborhood of
any stream of water, creek or river, shall be entitled to the use

of the water of said stream, creek or river for the purposes of irrigation, and making said claims available to the full extent of the soil, for agricultural purposes. [G. S., §1711; G. L., §1372; R. S., p. 363, §1; L. '61, p. 67, §1.

[Water rights conveyed as real estate, section 669.]

[When ditch exempt from taxation, sections 5545 and 5546.]
[Mechanic's lien attaches to water rights. Section 4031.]

3166. When water to be allotted on alternate days.-Sec. 2. In case the volume of water in said stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, then the county judge of the county shall appoint three commissioners as hereinafter provided, whose duty it shall be to apportion in a just and equitable proportion a certain amount of said water upon certain or alternate weekly days to different localities, as they may in their judgment think best for the interest of all parties concerned, and with due regard to the legal rights of all. [G. S., §1714; G. L., §1375; L. '70, p. 158, §1; amending R. S., p. 363, $4; L. '61, p. 68, §4.

[Is the above provision for appointment of commissioners superseded by section 3427?]

3167. Right of way through other lands.-Sec. 3. When any person owning claims in such locality has not sufficient length of area exposed to said stream to obtain a sufficient fall of water to irrigate his land, or that his farm, or land used by him for agricultural purposes, is too far removed from said stream, and that he has no water facilities on those lands, he shall be entitled to a right of way through the farms or tracts of lands which lie between him and said stream, or the farms or tracts of land which lie above and below him on said stream, for the purposes hereinbefore stated. [G. S., $1712; G. L., $1373; R. S., p. 363, $2; L. '61, p. 67, §2.

3168. Extent of right of way.-Sec. 4. Such right of way shall extend only to a ditch, dyke or cutting, sufficient for the purpose required. [G. S., $1713; G. L., §1374; R. S., p. 363, §3; L. '61, p. 67, §3.

3169. Condemnation of right of way.-Sec. 5. Upon the refusal of the owners of tracts of land or lands through which said ditch is proposed to run, to allow of its passage through their property, the person or persons desiring to open such ditch may proceed to condemn and take the right of way therefor (under the provisions of chapter thirty-one of these laws concerning eminent domain). [G. S., §1715; G. L., $1376.

[Chapter 31 above referred to is found in its amended form between sections 2415 and 2434.]

[See also Constitution, article 16, sections 5-8.]

3170.

No land burdened with more than one ditch, except.Sec. 6. That no tract or parcel of improved or occupied land in this state, shall, without the written consent of the owner thereof, be subjected to the burden of two or more irrigating ditches constructed for the purposes of conveying water through said property, to lands adjoining or beyond the same, when the same object can feasibly and practicably be attained by uniting and conveying all the water necessary to be conveyed through such property in one ditch. [G. S., §1716; L. '81, p. 164, §1.

3171. Shortest route must be taken.-Sec. 7. Whenever any person or persons find it necessary to convey water for the purpose of irrigation through the improved or occupied lands of another, he or they shall select for the line of such ditch through such property the shortest and most direct route practicable, upon which said ditch can be constructed with uniform or nearly uniform grade, and discharge the water at a point where it can be conveyed to and used upon land or lands of the person or persons constructing such ditch. [G. S., §1717; L. '81, p. 164, §2.

3172. Owner of ditch must permit others to enlarge.-Sec. 8. No person or persons having constructed a private ditch for the purposes and in the manner hereinbefore provided, shall prohibit or prevent any other person or persons from enlarging or using any ditch by him or them constructed in common with him or them, upon payment to him or them of a reasonable proportion of the cost of construction of said ditch. [G. S., §1718; L. '81, p. 164, §3.

3173. When head of ditch may be extended up stream-Condemnation.-Sec. 9. In case the channel of any natural stream shall become so cut out, lowered, turned aside or otherwise changed from any cause, as to prevent any ditch, canal or feeder of any reservoir from receiving the proper inflow of water to which it may be entitled from such natural stream, the owner or owners of such ditch, canal or feeder shall have the right to extend the head of such ditch, canal or feeder to such distance up the stream which supplies the same as may be necessary for securing a sufficient flow of water into the same, and for that purpose shall have the same right to maintain proceedings for condemnation of right of way for such extension as in case of constructing a new ditch, and the priority of right to take water from such stream, through such ditch, canal or feeder as to any such ditch, canal or feeder shall remain unaffected in any respect by reason of such extension: Provided, however, That no such extension shall interfere with the complete use or enjoyment of any ditch, canal or feeder. [G. S., §1719; L. '81, p. 161, §1.

[For right of condemnation for new ditch see section 3169.]

3174. Only irrigation ditches referred to in the last above section.-Sec. 10. This act shall apply to and affect only ditches, canals or feeders used for carrying water for the purpose of irrigation, and for no other purpose whatever. [G. S., §1721; L. '81, p. 162, §3.

[The act referred to is found in L. '79, p. 95, et seq.]

3175. Water to be pro rated among consumers.-Sec. 11. If at any time any ditch or reservoir from which water is or shall be drawn for irrigation shall not be entitled to a full supply of water from the natural stream which supplies the same, the water actually received into and carried by such ditch, or held in such reservoir, shall be divided among all the consumers of water from such ditch or reservoir, as well as the owners, shareholders or stockholders thereof, as the parties purchasing water therefrom, and parties taking water partly under and by virtue of holding shares, and partly by purchasing the same, to each his share pro rata, according to the amount he, she or they (in cases in which several consume water jointly) shall be then entitled, so that all owners and purchasers shall suffer from the deficiency arising from the cause aforesaid each in proportion to the amount of water to which he, she or they should have received in case no such deficiency of water had occurred. [G. S., $1722; L. '79, p. 97, §4.

3176. Irrigation of meadows-Right to make ditch-Priority. -Sec. 12. All persons who shall have enjoyed the use of the water in any natural stream for the irrigation of any meadow land, by the natural overflow or operation of the water of such stream, shall, in case the diminishing of the water supplied by such stream, from any cause, prevent such irrigation therefrom in as ample a manner as formerly, have right to construct a ditch for the irrigation of such meadow, and to take water from such stream therefor, and his or their right to water through such ditch shall have the same priority as though such ditch had been constructed at the time he, she or they first occupied and used such land as meadow ground. [G. S., §1723; L. '79, p. 106, §37.

3177. Priority of right to seepage or spring water.-Sec. 13. That all ditches now constructed or hereafter to be constructed for the purpose of utilizing the waste, seepage or spring waters of the state, shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the water of running streams; Provided, That the person upon whose lands the seepage or spring waters first arise, shall have the prior right to such waters if capable of being used upon his lands. [L. '89, p. 215, §1.

[Right to water hoisted from mine. Section 4231.]

3178. Water appropriated for domestic purposes shall not be employed for irrigation.-Sec. 14. Water claimed and appropriated for domestic purposes shall not be employed or used for irrigation or for application to land or plants in any manner to any extent whatever; Provided, That the provisions of this section shall not prohibit any citizen or town or corporation organized solely for the purpose of supplying water to the inhabitants to such city or town from supplying water thereto for sprinkling streets and extinguishing fires or for household purposes. [L. '91, p. 402, §1.

3179. Penalty for misapplication-Jurisdiction of justice.Sec. 15. Any person claiming the right to divert water for dcmestic purposes from any natural stream who shall apply or knowingly permit the water so diverted to be applied for other than domestic purposes to the injury of any other person entitled to use such water for irrigation shall be deemed guilty of a misdemeanor and upon conviction shall pay a fine of not less than fifty dollars and not exceeding two hundred dollars in the discretion of the court wherein conviction is had. Each day of such improper application of water obtained in the manner aforesaid shall be deemed a separate offense. Justices of the peace in their several precincts shall have jurisdiction of the aforesaid offense subject to the right of appeal as in cases of assault and battery. [L. '91, p. 403, §2.

[For right of appeal in cases of assault and battery see section 3869.]

3180. Right to place wheels on streams-Condition.-Sec. 16. All persons on the margin, brink, neighborhood or precinct of any stream of water, shall have the right and power to place upon the bank of said stream a wheel, or other machine for the purpose of raising water to the level required for the purpose of irrigation, and the right of way shall not be refused by the owner of any tract of land upon which it is required, subject of course to the like regulations, as required for ditches, and laid down in sections hereinbefore enumerated. [G. S., $1727; G. L., $1377; R. S., p. 364, §6.

3181. Map of ditch or reservoir to be filed.-Sec. 17. Every person, association or corporation hereafter constructing or en larging any reservoir or reservoirs, constructing, changing the location of, or enlarging any ditch, canal, or feeder for any ditch or reservoir, for the purpose of furnishing a supply of water for domestic, irrigation, power or storage, or for any other beneficial use, taking water from any natural stream, shall, within sixty days after the commencement of such construction, change of location or enlargement, make filings in the office of the State engineer for each specific claim, in such form as shall seem suf