The Grit-advocate., 1904-04-29
THE FARM AND RANGE.
Water Right Legislation.

CONTAMINATION attention ia
called to the following act passed by
the last Legislature, providing a
method for obtaining a decree for
water rights. whether for domestic or
manufacturing purposes.
While the constitution provides
that rights to water are based on bene-
ficial 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
ognizing and establishing your right,
it is unquestionable II the water commits
sioner has authority to turn out water
for you. lnasmuch as the water com
missioner is directed to follow only
the decree of the court. in case of
complaint. the administrative officers
may have no discretion except to close
your gates. 1t is fully recognized that
rights may have accrued. and. in the
absence of judicial machinery for es-
tablishing them, it 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-
isdction and also provides the machin-
cry for establishing domestic and 9TH
er rights. hence it is suggested that
if you do not have a decree recogniZ-
ing your right to water for domestic
or other uses. that it may be desirable
for you to take immediate steps to es.
tablish such rights. and the dates at
which they originated. and see that
they are properly placed on record
with the administrative officers.
(Signed) l.. G. CARPENTER.
State Engineer
Be it enacted by the General Assembly
OF Colorado:
Section |. That the owners or own
er of any water rights derived from
any natural stream. water-course or
any other source, acquired by appro.
pria,ion and used for any beneficial
purpose other than irrigation, may
have his or her right thereto establish,
ed and decreed by the District Court
having jurisdiction of the adjudi,
cation of water rights for irrigation
purposes in the water district in which
said water rights are situated. by pc
titioning said court in the same man
ner and by complying with the proce,
dure and the requirements Of the law
water rights for irrigation purposes.
Section 2. The said District Court
shall number, consecutively and chro.
nologically. all such water rights sim,
liar to the system of numbering pri-
critics for irrigation purposes, desig-
mating the amount of each appropria-
tion in cubic feet per second of time:
and shall specifically state the particu
lar purpose for which such appropria-
tion is granted. that is. whether the
same is for power or manufacturing
purposes, domestic use. storage pur-
poses, shall be designated by and in
the one series of consecutive numbers
herein provided for.
Section 8. In determining such
rights, it shall be the duty of the court
to recognize and protect, as far as pos
sible under the constitution of this
state and the decisions of the appel
late courts applicable thereto, the
vested rights of all appropriations OF
water for irrigations purposes, especi-
ally where such rights have been duly
adjudicated by the said court in the
statutory proceeding for the dete:mi-
nation of the priority Of rights to the
of water for irrigation purposes.
Section A. 1t shall be the duty OF
the water commissioner in each water
district to distribute the waters de-
creed hereunder and to protect the
priority rights of the respective
owners of water rights for any bene-
fetal purpose from and after their de-
termination by said court, in the
same manner as he is now required by
law to superintend 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 not be liable for any portion of
such service; provided. further That
no water commissioner or irrigation
official shall make any division or dis
tribution of any water bet"een the
users thereof from the same ditch or
reservoir Approved April II, 1905.