§ 35-49-105 — Not used for irrigation

No livestock water tanks constructed
under the provisions of this article shall be used for irrigation purposes, and nothing
contained in this article shall be construed as conferring upon the owner of any
such livestock water tank a priority of use superior to any vested water right or to
an adjudicated appropriation of water pursuant to state laws. Unless built upon an
intermittent or perennial main stream, dams creating such livestock water tanks
shall be deemed to have a rebuttable presumption that there is no injury to
adjudicated water rights when built pursuant to the specifications set forth in
section 35-49-103. If used solely for watering of livestock in areas known to be
deficient in windmill water, having a pumping capacity of less than five gallons per
minute, dams of greater capacity than those designated in section 35-49-103 may
be constructed on any ephemeral stream, but in such event, the state engineer may
require the construction of drainage facilities to reduce the water impounded in the
reservoir to the capacity prescribed in section 35-49-103, within a thirty-six hour
period.

Legislative History

Source: L. 41: p. 525, � 5. CSA: C. 160, � 230. CRS 53: � 8-17-5. C.R.S. 1963: � 8-17-5. L. 67: p. 180, � 1.