Colorado § 37-83-101 - Transfer from one stream to another.
Full text of Colorado Colorado Revised Statutes § 37-83-101 — Transfer from one stream to another., with citation guidance and answers to common questions.
§ 37-83-101. Transfer from one stream to another.
Whenever any person or company diverts water from one public stream and turns it into another public stream, such person or company may take out the same amount of water again, less a reasonable deduction for seepage and evaporation, to be determined by the state engineer.
Source: L. 1897: p. 176, § 1. R.S. 08: § 3222. C.L. § 1702. CSA: C. 90, § 100. CRS 53: § 147-6-1. C.R.S. 1963: § 148-6-1.
ANNOTATION
Law reviews. For article,"Foreign Water in Colorado — The City's Right to Recapture and Re-Use Its Transmountain Diversion", see 42 Den. L. Ctr. J. 116 (1965). For article, "The Emerging Relationship Between Environmental Regulations and Colorado Water Law", see 53 U. Colo. L. Rev. 597 (1982).
This and the following sections are only remedial. Ashenfelter v. Carpenter, 37 Colo. 534, 87 P. 800 (1906); Gutshall v. Carpenter, 37 Colo. 536, 87 P. 801 (1906).
This section permitting any person or company to divert water from one public stream and turn it into another public stream, and take out the same amount of water again, is a solemn declaration that these are public streams. Hartman v. Tresise, 36 Colo. 146, 84 P. 685 (1906).
An appropriator of water may change the point of diversion, provided the rights of others are not injuriously affected thereby, and the fact that the appropriator has made such change does not settle the question of whether or not other appropriators are thereby injuriously affected, that question cannot be said to be authoritatively settled until judicially determined. New Cache la Poudre Irrigating Co. v. Arthur Irrigation Co., 37 Colo. 530, 87 P. 799 (1906).
Frequently Asked Questions About Colorado § 37-83-101
What does Colorado Revised Statutes § 37-83-101 cover?
Section 37-83-101 ("Transfer from one stream to another.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 37-83-101?
A common citation format is "Colorado Revised Statutes § 37-83-101" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 37-83-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.