Rocky Ford enterprise., 1904-04-29
THE FARM AND RANGE
Water Right Legislation.

ado has issued the following circular:
"Gentlemen-Your attention Is
called to the following act. passed by
.ne last Legislature. providing n
method for obtaining decree for
water rights. whether for domestic or
manufacturing purposes.
while the constitution provides
hat rights TO water are based on bene-
lcial use. the machinery for establish
ing such rights has been lacking ex.
cept for water used for irrigation.
1T Is called to your attention that.
in the absence OF judicial decree rec
cgnizIng and establishing your right.
:: Is unouestionabie ifthe water commits
sioncr has authority TO turn out water
for you. Innsmuch as the water com
missioner Is directed to follow only
the decree OF the court. In case OF
complaint. the administrative ofncers
may have no discretion except to close
your gates. II IL fully recognized that
rights may have accrued. and. In tho
absence Of judicial machinery for es-
tnblishinK them. Il has been common
to recognize them by courtesy or be-
cause the Jurisdiction OF the water
commissioner was doubtful. This act
now gives the water commissioner jur'
isdiction and also provides the machin'
cry for establishing domestic and 9th.
er rights. hence Il Is suggested that
II you do not have n decree rccognis.
Ing your right to water for domestic
or other uses. that II may be desirable
for you to take Immediate steps to cs-
tnbiish such rights. and the dates nt
which they originated. ard see tina,
they are properly placed on record
with the administrative officers.
tSi.ncdD !. q. CARPENTER.
State Engineer.
be Il enacted by tho General Assembly
OF Colorado:
Section I. That the owners or owE'
or OF any water rights derived from
any natural stream. water.eoursr or
any other source. acquired by appro-
priatiou and used for any beneficial
purpose other than irrigation. may
have bis or her right thereto establish
cd and dccrccd by the District Court
having Jurisdiction OF the adtudi'
cation OF water rights for irrigation
purposes In the water district In which
said water rights are situated. by pc
tiiionins said court In the same man
dur- and the requirements OF the Law
now applicable To the adjudication Of
water rights for irrigation purposes.
Section 9. The said District Court
shall number. coas-cutivcly and chro-
noiosicaiiy. all such water rights aim.
liar to the system Of numbering pri-
critics for irrigation purposes. dcsis'
mating the amount OF each appropria'
ton In cubic feet per second OF time:
and shall specifically state the paE;scu'
lar purpose for which such appFopria'
'ion In granted. that Is. whether the
same Is for power or manufacturing
purposes. domestic use. storage purs
poses. shall he designated by and In
the one series Of consecutive numbers
herein provided for.
Section J. In determining such
rights. IL shall be the duty OF the court
TO recognize and protect. as far as pos
sibic under the constitution OF this
state and tho decisions OF the appel
late courts applicable thereto. The
vested rights Of all appropTtatoTs OF
water for irTiRa,ions purposes. cspcci'
ally where such rights have been duly
adjudicatcd by the said court IL the
statutory proceeding for the detrrmi'
nation OF the priority Of rights 10 the
OF water for irrigation purposes.
Section 1. It shall b. the duty of
the water commissioner in each water
district to distribute the waters dc.
creed hereunder and TO protect the
priority rights OF the respective
owners OF water rights for any bcno
ficial purpose from and after their dc.
termination by said court. In ih"
same manner as he IL nov required by
law TO supcrintsnd the distribution OF
waters throughout his district for irri'
cation purposes and he shall receive
like compensation for such services
from the county in which such water
rights are situated: and other coun'
ties embraced in his water district
shall no, be liable for any portion OF
such service: provided. further That
no water commissioner or Irrigation
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