Colorado § 37-92-201 - Water divisions.

§ 37-92-201. Water divisions.

(1) For the purposes of this article, the following water divisions are hereby established:

(a) Division 1: Division 1 consists of all lands in the state of Colorado in the drainage basins of the South Platte river, the Big Laramie river, the Arikaree river, the north and south forks of the Republican river, the Smokey Hill river, Sandy and Frenchman creeks, and streams tributary to said rivers and creeks.

(b) Division 2: Division 2 consists of all lands in the state of Colorado in the drainage basins of the Arkansas river and the Dry Cimarron river, and streams tributary to said rivers.

(c) Division 3: Division 3 consists of all lands in the state of Colorado in the drainage basin of the Rio Grande and all of its tributaries, and all lands in the drainage basins of the San Luis creek, Saguache creek, Tuttle creek, Carnero creek, La Garita creek, Sand or Medano creek, Big Spring creek, Little Spring creek, Mosca creek, Sierra Blanca creek, and all of their tributaries, and all lands in the drainage basins of all other creeks between Trinchera creek and Sand or Medano creek, and lands in the drainage basins of all other creeks which have their sources of water supply in the La Garita mountains and flow eastward into the San Luis valley.

(d) Division 4: Division 4 consists of all lands in the state of Colorado in the drainage basins of the Gunnison river and all of its tributaries, the Little Dolores river, the San Miguel river, and that portion of the Dolores river and its tributaries north of the north township line of Township 45 North, New Mexico Principal Meridian.

(e) Division 5: Division 5 consists of all lands in the state of Colorado in the drainage basins of the Colorado river and all of its tributaries arising within Colorado, with the exception of the Gunnison river.

(f) Division 6: Division 6 consists of all lands in the state of Colorado in the drainage basins of the White river, the Yampa or Bear river, the Green river, the North Platte river, and all of their tributaries.

(g) Division 7: Division 7 consists of all lands located in the southwest corner of the state of Colorado and in the drainage basins of the San Juan river, Rio Piedra, Rio Las Animas, Los Pinos river, La Plata river, Rio Mancos and streams tributary to said rivers and creeks as well as that portion of the Dolores river and its tributaries lying south of the north line of Township 45 North, New Mexico Principal Meridian.

Source: L. 69: p. 1202, § 1. C.R.S. 1963: § 148-21-8. L. 2009: (1)(e) and (1)(f) amended, (SB 09-015), ch. 6, p. 57, § 1, effective August 5.

ANNOTATION

Law reviews. For article, "Water Administration in Colorado — Higher-ority or Priority?", see 30 Rocky Mt. L. Rev. 293 (1958). For article, "Adjudication of Indian and Federal Water Rights in the Federal Courts", see 46 U. Colo. L. Rev. 555 (1974-75). For article, "United States v. New Mexico and the Course of Federal Reserved Water Rights", see 51 U. Colo. L. Rev. 209 (1980). For article, "Statutory and Rule Changes to Water Court Practice", see 38 Colo. Law. 53 (June 2009).

Annotator's note. Since § 37-92-201 is similar to repealed laws antecedent to CSA, C. 90, § 249, relevant cases construing those provisions have been included in the annotations to this section.

Water districts did not in each instance embrace the entire drainage of a main stream, and naturally when a stream and its tributaries were included in two or more districts, water was not always distributed in accordance with the rights of appropriators in the several districts, irrigation divisions (now water divisions) were created which practically embrace all the drainage of a given stream to obviate the difficulties resulting from these conditions. Comstock v. Ft. Morgan Reservoir & Irrigation Co., 60 Colo. 101, 151 P. 929 (1915).

A county was not embraced within a water division unless it appeared that there were lands in such county irrigated from some of the streams mentioned in the statute creating the division; and if there were no such lands, it could not be held liable for any portion of the compensation due to the superintendent of irrigation, and it was not sufficient to impose such liability that the lands within a county should lie within the watershed of any one or more of the streams mentioned in the statute. Chew v. Bd. of Comm'rs, 18 Colo. App. 162, 70 P. 764 (1902); Chapman v. Bd. of Comm'rs, 17 Colo. App. 236, 68 P. 134 (1902); Ballard v. Bd. of Comm'rs, 18 Colo. App. 68, 70 P. 1130 (1902).

All of the counties which contained lands that were irrigated by water taken from any one or more of the streams mentioned in the act creating the water division were embraced within the division, and were each liable for their respective shares of the compensation earned by the superintendent of irrigation for that division. Chew v. Bd. of Comm'rs, 18 Colo. App. 162, 70 P. 764 (1902).

In dividing the state up into water divisions, the general assembly in using the words "tributary to a natural stream" did not intend their use in a restricted sense, that is that the tributaries themselves should be natural continuous running streams, but as therein used it indicates that the word "tributaries" is used to include all sources of supply which go to make up the natural stream and which properly belong thereto. In re German Ditch & Reservoir Co., 56 Colo. 252, 139 P. 2 (1914).