§ 37-83-104 — Reservoirs and ditches may exchange

Colorado § 37-83-104

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Exchange of Water

Text

When the rights of
others are not injured thereby, it is lawful for the owner of a reservoir to deliver
stored water into a ditch entitled to water or into the public stream to supply
appropriations from said stream and take in exchange therefor from the public
stream higher up an equal amount of water, less a reasonable deduction for loss, if
any there be, to be determined by the state engineer. The person or company
desiring such exchange shall be required to construct and maintain, under the
direction of the state engineer, measuring flumes or weirs and self-registering
devices at the point where the water is turned into the stream or ditch taking the
same or as near such point as is practicable so that the division engineer may
readily determine and secure the just and equitable exchange of water.

Legislative History

Source: L. 1897: p. 177, � 4. R.S. 08: � 3225. C.L. � 1705. CSA: C. 90, � 103. CRS 53: � 147-6-4. C.R.S. 1963: � 148-6-4.