§ 37-86-112 — Water to be prorated among consumers

If at any time any ditch
or reservoir from which water is drawn for irrigation shall not be entitled to a full
supply of water from the natural stream which supplies the same, the water
actually received into and carried by such ditch, or held in such reservoir, shall be
divided among all the consumers of water from such ditch or reservoir, as well as
the owners, shareholders, or stockholders thereof, as the parties purchasing water
therefrom and parties taking water partly under and by virtue of holding shares and
partly by purchasing the same to each his share pro rata, according to the amount
he is then entitled, so that all owners and purchasers shall suffer from the
deficiency arising from the cause aforesaid each in proportion to the amount of
water which he should have received in case no such deficiency of water had
occurred.

Legislative History

Source: L. 1879: p. 97, � 4. G.S. � 1722. R.S. 08: � 3175. C.L. � 1635. CSA: C. 90, � 18. CRS 53: � 147-3-13. C.R.S. 1963: � 148-3-13.