When any person or corporation engages in mining or milling, and in the prosecution of such business hoists or raises water from mines or natural channels, and the water flows away from the premises of such persons or corporations to any natural channel or gulch, the same shall be considered beyond the control of the party so hoisting or raising the same, and may be taken and used by other parties the same as that of natural water courses.
Source: G.L. § 1835. G.S. § 2421. R.S. 08: § 4231. C.L. § 3319. CSA: C. 110, § 212. CRS 53: § 92-27-6. C.R.S. 1963: § 92-27-6.
ANNOTATION
Law reviews. For article, "Water for Mining and Milling Operations — Part I", see 13 Colo. Law. 240 (1984).
One who conducts water from mines into natural stream with intent to appropriate it for irrigation purposes, and who actually makes the first appropriation thereof, is entitled to such water under this section. Ripley v. Park Center Land & Water Co., 40 Colo. 129, 90 P. 75 (1907).