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Laws Passed by the Seventeenth General

Assembly Relating to Irrigation

AND

Supreme Court Decisions

Published by Authority

PRICE, $1.00

SNUN

DE VVER, COLORADO
THE SMITH-BROOKS PRINING CO,,,STATE PRINTERS

--1909

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The office of State Engineer was originally created for the purpose of administering the decrees of court, rendered under the irrigation statutes, and it is the duty of the officers of this department to execute these decrees, and in order that the rights of all users of water may be properly protected and to bring about a uniformity in the distribution of water an accurate knowledge of the statutes, as well as the interpretation placed thereon by the courts of last resort, is fundamentally necessary.

The recent compilation of the statutes of Colorado brought the irrigation statutes into compact form, and this bulletin reproduces the chapter on Irrigation from the Revised Statutes of Colorado, 1908, exactly as published.

In the preparation of this work a careful examination has been made of all the decisions relative to irrigation and water rights rendered by the Supreme Court and Court of Appeals of this State, and almost verbatim extracts therefrom have been taken, following the topical headings of the Revised Statutes.

The celebrated decision of the United States Supreme Court in the Kansas-Colorado case, involving the right of the State to the use of the waters of the Arkansas river for irrigation, is likewise included in this work.

The extracts of the decisions of the courts were compiled by Harvey E. Rockwell, Esq., of the Denver Bar.

To assist in the more equitable distribution of water throughout the State, and to meet the constant and increasing demand on the part of the public for the irrigations laws of Colorado in convenient form, this book was compiled, and is now published with the hope that it will prove of benefit in accomplishing the ends which prompted its compilation.

T. W. JAYCOX,

State Engineer.

CONSTITUTION OF THE STATE OF

COLORADO

Article XVI.

IRRIGATION.

Sec. 5. Water, public property.-The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.

Sec. 6. Diverting unappropriated water-Priority.-The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.

Sec. 7. Right of way for ditches-Flumes.--All persons and corporations shall have the right of way across public, private and corporate lands for the construction of ditches, canals and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation.

Sec. 8. County commissioners fix rates for water.—The General Assembly shall provide by law that the board of county commissioners in their respective counties shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations.

280200

CHAPTER LXXII.

IRRIGATION

I. RIGHT OF WAY-APPROPRIATION-USE OF WATER.-3165

3232.
II. DUTIES OF OWNERS.-3233-3261.
III. RATE OF (ARGE FOR WATER.-3262-3275.
IV.

ADJUDICATION OF PRIORITIES.-3276-3320.
V. STATE ENGINEER.—3321-3334.
VI. IRRIGATION DIVISIONS-Division ENGINEERS. 3335-3352.
VII. WATER DISTRICTS-WATER COMMISSIONERS.-3353-3439.
VIII. IRRIGATION DISTRICTS.-3440-3494.
IX. OFFENSES.—3495-3498.
X. STATE CANALS AND RESERVOIRS AND THE CONTROL THEREOF.

-3499-3562.

I. RIGHT OF WAY-APPROPRIATION-USE OF WATER.

Section.
3165. Owners of land on

streams entitled to use

of water. 3166. When water to be allotted

on alternate days. 3167. Right of way through

other lands. 3168. Extent of right of way. 3169. Condemnation of right of

way. 3170. No land burdened with

more than one ditch, ex

cept. 3171. Shortest route must be

taken. 3172. Owner of ditch must per

mit others to enlarge. 3173. When head of ditch may

be extended up stream

Condemnation. 3174. Only irrigation ditches re

ferred to in above sec

tion. 3175. Water to be pro rated

among consumers.
3176. Irrigation of meadows-

Right to make ditch-
Priority.

Section.
3177. Priority of right to seep-

age or spring water. 3178. Water appropriated for

domestic purposes shall not be employed for ir

rigation. 3179. Penalty for misapplica

tion—Jurisdiction of jus

tice. 3180, Right to place wheel on

stream. 3181. Map of ditch or reservoir

to be filed. 3182. Statement attached to

map. 3183. Statement in case of en

largement Temporary

map. 3184. Statement must be signed

and sworn to.. 3185. State engineer examine

maps and statementsReturn duplicate - Duplicate filed with

recorder. 3186. Certified copy evidence

Diligent construction.

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