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Show 166 COLORADO Both direct flow rights to divert for immediate use and storage rights to divert and store for future use are recognized.119 Direct flow rights are measured in terms of rate of flow in cubic feet per second. A direct flow water right is a right to a certain rate of flow, usually determined by the capacity of the ditch or canal, for such periods of time as may reasonably be necessary to fulfill the appropriator's announced purpose at the time he makes his appropriation.120 In contrast, storage rights are quantified and measured by the capacity of the storage reservoir in acre-feet of water. A water right to store water entitles its owner to fill his reservoir to its adjudicated capacity once each year.121 b. Limits op the Appropriative Eight In addition to prescribing the types of use and amounts of water that may reasonably be diverted for each type, the beneficial use concept also imposes requirements of efficiency and conservation on water appropriators. Statute law defines beneficial use as use of "that amount of water that is reasonable and appropriate under reasonably efficient practices to accomplish without waste the pur- pose for which the diversion is lawfully made." 122 An appropriator may not direct, transport, and use more water than he actually needs.123 He must convey diverted water in a ditch or canal or store water in a reservoir without an unreasonable loss through seepage or evaporation.124 Supervision of diversion and conveyance practices is vested in the State engineer and division engineers.125 Appropriators are required to have a reasonable means of diver- sion. An appropriator may not "command the whole flow of the stream merely to facilitate his taking the fraction of the whole flow to which he is entitled." 126 An appropriative right may not be enlarged or extended beyond the amount beneficially needed and used for the original under- taking for which priority was awarded.127 That is, a priority for a water right will be enforced as against junior appropriators only to supply that amount of water to the senior priority holder which he has historically needed and used.128 c. Rights of Senior and Junior Appropriators Appropriators are entitled to be supplied in the order of their priorities. The most senior appropriator is entitled to be supplied without interference to the full extent of his original appropria- tion,129 whether his right is for direct use or for storage for future 119 Handy Ditch Co. v. Greeley & Loveland Irr. Co., 86 Colo. 197, 280 Pac. 481 (1929) ; Colo. Rev. Stat. Ann., sec. 148-5-1 (1963). ™ Westminister v. Church, 167. 1, 445 P. 2d 52 (1968). 121 Orchard City Irr. Dist. v. Whitten, 146 Colo. 127, 361 P. 2d 130 (1961). 128 Colo. Rev. Stat. Ann., sec. 148-21-3(7) (supp. 1969). 128 Colo. Rev. Stat. Ann., sec. 148-7-8 (1963). 124 Oomstoclc v. Larimer & Weld Res. Co., 58 Colo. 186, 145 Pac. 700 (1914). 125 Colo. Rev. Stat. Ann., sees. 148-5-1 et seq and 148-7-1 et seq. (1963). 188 Colo. Rev. Stat. Ann., sec. 148-2-2(2) (b) (supp. 1969) ; Colorado Springs v. Bender. 148 Colo. 458, 366 P. 2d 552 (1961). w Fort Lyon Canal Co. v. Chew, 33 Colo. 392, 81 Pacfl 37 (1905). 128 Enlarged Bouthside Irr. Ditch Co. v. John's Flood Ditch Co., 116 Colo. 580, 183 P. 2d 552 (1947). ^Oomstock v. Ramsay, 55 Colo. 244, 133 Pac. 1107 (1913). |