OCR Text |
Show COLORADO 701 inadequate attention to the development and use of underground waters of the state, that the use of underground waters as an independent source or in conjunction with surface waters is necessary to the present and future welfare of the people of this state, and that the future welfare of the state depends upon a sound and flexible integrated use of all waters of the state, it is hereby declared to be the further policy of the state of Colorado that in the determination of water rights, uses and administration of water the following principles shall apply: (b) Water rights and uses heretofore vested in any person by virture of previous or existing laws, including an appropriation from a well, shall be protected subject to the provisions of this article. (c) The existing use of ground water, either independently or in conjunction with surface rights, shall be recognized to the fullest extent possible, subject to the preservation of other existing vested rights, provided, however, at his own point of diversion on a natural water course, each diverter must establish some reasonable means of effectuating his diversion. * * * (d) The use of ground water may be considered as an alternate or supplemental source of supply for surface decrees heretofore entered, taking into consideration both previous usage and the necessity to protect the vested rights of others. (e) No reduction of any lawful division because of the operation of the priority system shall be permitted unless such reduction would increase the amount of water available to and required by water rights having senior priorities. Although the legislature defined "waters of the state" as "all surface and underground water in or tributary to all natural streams within the state," this does not include waters of any designated ground water areas.195 The legislature also defined "underground waters," for the purposes of this act, in defining the waters of a natural stream, as:196 [T] hat water in the unconsolidated alluvial aquifer of sand, gravel, and other sedimentary materials, and all other waters hydraulically connected thereto which can influence the rate or direction of movement of the water in that alluvial aquifer or natural stream. Such "underground water" is considered different from "desig- nated ground water" as defined in § 148-18-2(3). Other provisions relating specifically to tributary ground waters include the provision that where the owner of an appropriative right supplies his water needs from a well, the water from that well may be charged to its own appropriation; or if the well draws from the same stream system as that from which the owner of an appropriative right has a right to divert or to have water l95Id. § 148-21-3(3). Designated ground water areas are discussed at notes 210-222 infra. l96Id. § 148-21-2(4). |