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Show COLORADO 163 missioners.81 They divert and transport water through their facilities for hire to their customers. The carrier's diversion unites with the consumer's use to make an appropriation.82 The consumer is regarded as an appropriator from the stream supplying the ditch, though his rights are limited by the terms of his contract with the carrier com- pany.83 Consumers are entitled by law to purchase the amounts of water they contracted for in each previous year at rates set by the county commissioners.84 Mutual ditch and water companies are not-for-profit private water distributors who furnish water solely to their shareholders, who, in effect, are the appropriators, having equitable ownership in the water rights of the mutual company represented in their stock certificates.85 Subject to reasonable rules and bylaws of the company, a share- holder may sell his shares and his proportionate ownership of the water right and may change his point of diversion and place of use.88 h. Nonprofit Corporations Basinwide nonprofit corporations have recently been organized in Colorado by and for the owners of wells drawing ground water tributary to the Arkansas and South Platte Eivers. Both the Ground Water Appropriators of the South Platte River Basin, Inc. (GASP), and the Colorado Water Protective and Development Association (Arkansas basin) represent cooperative efforts of junior well appro- priators to develop plans to augment the flows of their respective rivers through release of purchased storage water and water from large capacity wells to the rivers to replace water being consumed by junior appropriators where demanded by senior surface appro- priators of the rivers under their senior decreed priorities. 3. Surface Waters Surface waters of the State are all waters in or tributary to natural streams. The term includes continuous and intermitent flows.87 All waters, both surface and underground, originating in or flowing into the State are subject to appropriations and use under the law.88 3.1 Method of Acquiring Bights The Constitution declares that the right to divert and put un- appropriated water to beneficial use "shall never be denied." 89 As a consequence, the method of appropriation historically has been to take unappropriated water and apply it to beneficial use.90 There a Colo. Rev. Stat. Ann., sec. 148-8-5(2) (1963). 82 Farmers High Line Canal Co. v. Southworth, 13 Colo. Ill, 21 Pac. 1028 (1889). sa Denver v. Brown, 56 Colo. 216, 138 Pac. 44 (1914). M Colo. Rev. Stat. Ann., sec. 148-8-1 (1963). bb United States v. Akin, 248 P. 2<J 742 (10 Cir. 1957). f» Wadaworth Ditch Co. v. Brown, 39 Colo. 57, 88 Pac. 1060 (1907). 87 Colo. Const., art. XVI, sees. 5 and 6; Colo. Rev. Stat. Ann., sec. 148-21-3 (supp. 1969) ; see In re German Ditch & Res. Co., 56 Colo. 252, 139 Pac. 2 (1913). ss Colo. Rev. Stat. Ann., sec. 148-21-2(1) (supp. 1969). s» Colo. Const., art. XVI, sec. 6. 90 Board of County Commissioners v. Rocky Mtn. Water Co., 102 Colo. 351, 79 P. 2d 373 (1938). Until 1969, there was a statutory provision for filing a map and statement with the State engineer but it was held that the water right was not based on filing maps or statements and the provision merely supplied a method of evidencing the appro- priation. See DeHaas v. Benesch, 116 Colo. 344, 181 P. 2d 453 (1947). 499-242-73------12 |
