| OCR Text |
Show 612 EXERCISE OF THE APPROPRIATIVE RIGHT mingled with its water, and reclaimed, but without diminishing the quantity already appropriated by another (§ 7075).96 Colorado. -Natural streams may be used to transport reservoir waters to specific points under the supervision of State water officials, losses to be determined by the State Engineer (§§ 148-5-2 and 148-5-3). Water may be diverted from one stream and turned into and mingled with the water of another, from which the same quantity may be taken minus losses determined by the State Engineer (§§ 148-6-1 to 148-6-3). If other rights are not injured, stored water may be delivered into a ditch or stream to supply appropriations therefrom, and an equal quantity less deductions for loss (to be determined by the State Engineer) may be taken from the stream higher up, under the supervision of the water commissioner (§ 148-64). Under the supervision of the water commissioner, appropriators from the same stream may exchange with and loan to each other, for a limited time, the water to which they are entitled for the purpose of saving crops (§ 148-6-5).97 Idaho.-(1) Appropriated water may be turned into another stream channel, mingled with its water, and reclaimed. (2) Stored or other waters may be turned into any ditch, natural channel, or waterway from reservoirs or other sources, and substituted for an equal quantity (minus transmission losses) diverted from the watercourse into which such water flows or from any tributary, the rights of prior appropriators not to be impaired, State administrative approval required, and written agreement among parties to be filed with State in form approved by the attorney general (42-105 and -240). Procedure is provided for the conveyance of stored water through natural channels under the supervision of the Department of Reclamation (§§ 42-801 and -802).98 Kansas. -Natural streams or channels may be used to convey water, due allowance to be made for evaporation and seepage losses.99 Montana. -Stream channels may be used to convey appropriated waters but without injury to other rights (§ 89-804). Stored water may be discharged into a stream in exchange for equal quantities of natural flow if prior appropriators are not injured (§ 89-806). With respect to unadjudi- cated streams only, procedure is provided for regulating conveyances of stored water through natural stream channels on petition of reservoir controllers (§ 89-857 to -864).10° Nebraska. -Appropriated water may be returned to the stream and the same quantity diverted less transit losses to be determined by the 96Cal. Water Code § § 7043, 7044, and 7075 (West 1956). "Colo. Rev. Stat. Ann. § § 148-5-2,148-5-3,148-6-1, to 148-6-5 (1963). "Idaho Code Ann. § 42-105, -240 (Supp. 1969), -801, and -802 (1948). "Kans. Stat. Ann. § 42-303 (1964). 100Mont. Rev. Codes Ann. § § 89-804, -806, and -857 to -864 (1964). |
