2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER RIGHTS AND IRRIGATION (§§ 37-80-101 — 37-93-101) › WATER RIGHTS - GENERALLY (§§ 37-80.5-101 — 37-85.5-101) › Article 81 - DIVERSION OF WATERS FROM STATE (§§ 37-81-101 — 37-81-104) › Section 37-81-101 - Diversion of water outside state - application required - special conditions - penalty

(1)
(a)
The general assembly hereby finds and declares that the location and availability of water in this state varies greatly from place to place and that the state as a whole suffers a shortage of water. The general assembly further recognizes that, because of Colorado's unique location at the headwaters of four of the nation's major western rivers and because all the major river systems in Colorado flow out of the state, and that, in order to insure the availability of these scarce water resources for the use of citizens of the state of Colorado, compacts have been entered into with the downstream states on all the major rivers originating in Colorado.
(b)
It is also recognized that it has been the continuing historical policy of the state of Colorado to conserve and prevent waste of its water resources to provide adequate supplies of water necessary to insure the continued health, welfare, and safety of all of its citizens. Accordingly, the general assembly hereby determines that, for the purpose of conserving the scarce water resources of this state and to thereby insure the continuing health, welfare, and safety of the citizens of this state, it is unlawful for any person, including a corporation, association, or other entity, to divert, carry, or transport by ditches, canals, pipes, conduits, natural streams, watercourses, or any other means any of the water resources found in this state into any other state for use therein without first complying with this section and section
37-81-104
.
(2)
To effectuate the purposes of subsection (1) of this section and section
37-81-104
, no person may divert, carry, or transport any surface or groundwater from this state by ditches, canals, pipes, conduits, natural streams, watercourses, or other means without meeting the requirements for obtaining a permit to construct a well if the source of water is to be groundwater or if a well permit is not required without first obtaining an adjudication from the water court for the right to use water outside the state. In the case of a well for which a permit has been issued for a use of groundwater within Colorado, a change of use for a use outside the state must be approved by the water court or, if it is designated groundwater, the change must be approved by the Colorado ground water commission. A person desiring to divert, carry, or transport any water outside Colorado shall file an appropriate application therefor and comply with the requirements of this section in addition to any other requirements, terms, and conditions provided or authorized by law pertaining to such application.
(3)
Prior to approving an application, the state engineer, ground water commission, or water judge, as the case may be, must find that:
(a)
The proposed use of water outside this state is expressly authorized by interstate compact or credited as a delivery to another state pursuant to section
37-81-103
or that the proposed use of water does not impair the ability of this state to comply with its obligations under any judicial decree or interstate compact which apportions water between this state and any other state or states;
(b)
The proposed use of water is not inconsistent with the reasonable conservation of the water resources of this state; and
(c)
The proposed use of water will not deprive the citizens of this state of the beneficial use of waters apportioned to Colorado by interstate compact or judicial decree.
(4)
Any diversion of water from this state which is not in compliance with this section shall not be recognized as a beneficial use for purposes of perfecting a water right to the extent of such unlawful diversion or use.
L. 17: p. 539, § 1. C.L. § 1618. CSA: C. 90, § 1. CRS 53: § 147-1-1. C.R.S. 1963: § 148-1-1. L. 79: Entire section amended, p. 1364, § 1, effective May 31. L. 83: Entire section R&RE, p. 1410, § 1, effective June 3. L. 85: (1)(b) and (2) amended, p. 287, § 7, effective May 23.
For water of streams being public property, see § 5 of art. XVI, Colo. Const.