The waters of natural flowing springs may be appropriated for all beneficial uses, and the priorities of such appropriations may be determined as provided by law. If it is found that the water of any such springs is not tributary to any natural stream, the determinations shall fix the rights of appropriators from such springs among themselves.
Source: L. 17: p. 541, § 1. C.L. § 1638. CSA: C. 90, § 21. CRS 53: § 147-2-3. C.R.S. 1963: § 148-2-3. L. 69: p. 1219, § 3.
ANNOTATION
Law reviews. For article, "Who Has the Better Right to Nontributary Ground Waters In Colorado — Landowner or Appropriator?", see 31 Dicta 20 (1954). For article, "Water for Recreation: A Plea for Recognition", see 44 Den. L.J. 288 (1967).
Annotator's note. A relevant case decided prior to the earliest source of this section has been included in the annotations to this section.
This and the following section permit the use of water and the securing of rights-of-way, and they are in no sense prohibitive. Schneider v. Schneider, 36 Colo. 518, 86 P. 347 (1906).
The true test of the appropriation of water is the successful application thereof to the beneficial use designed, and the method of distributing or carrying the same, or making such application, is immaterial. Town of Genoa v. Westfall, 141 Colo. 533, 349 P.2d 370 (1960).
These sections have no application to a proceeding to condemn a right-of-way for a ditch to carry waste and surplus water from the end of a ditch on another's land. Schneider v. Schneider, 36 Colo. 518, 86 P. 347 (1906).
This section confers upon a landowner no right of appropriation for surface drainage waters arising from the irrigation of adjoining lands. Lomas v. Webster, 109 Colo. 107, 122 P.2d 248 (1942).