2020 Colorado Revised Statutes
Title 37 - Water And Irrigation
Article 81. Diversion of Waters from State
Section 37-81-103. Effect of apportionment credits upon diversions of water from state.
(1) For the purpose of evaluating applications made pursuant to section 37-81-101, no water occurring in any aquifer or being a part of or hydraulically connected to any interstate stream system may be diverted or appropriated in Colorado for a use which contemplates or involves the transportation of such water into or through another state or states through which such interstate stream system flows, for use of such diverted water in such other state or states whether as a vehicle or medium for the transportation of another substance, or for any other use, unless the amount of water so diverted or appropriated and transported through or into such other state or states is credited as a delivery to such other state or states by Colorado, of water to which such other state or states may be or claim to be entitled from such interstate source under an existing interstate compact or otherwise. Water mixed with other substances in the process of forming a slurry for the purpose of transporting any substance as a suspended solid shall not be deemed to have lost its character as water.
The burden shall be upon the claimant or other person seeking to divert or appropriate water or seeking a water right based upon a claimed diversion or appropriation coming within the provisions of subsection (1) of this section to prove that a means exists and is accepted by each state, including Colorado, through which said stream system and said diverted water flows or will flow by which the credit required in this section will be entered and recognized by each such state.
This article shall not be applicable to water contained in agricultural crops, animaland dairy products, beverages, or processed or manufactured products or to products transported in cans, bottles, packages, kegs, or barrels.
Source: L. 77: Entire section added, p. 1694, § 1, effective July 15. L. 83: Entire section R&RE, p. 1412, § 3, effective June 3.
