Mining and Irrigation
Section 1. Commissioner of mines.
There shall be established and maintained the office of commissioner of mines, the duties
and salaries of which shall be prescribed by law. When said office shall be established,
the governor shall, with the advice and consent of the senate, appoint thereto a person
known to be competent, whose term of office shall be four years.
Section 2. Ventilation employment of
children. The general assembly shall provide by law for the proper ventilation of
mines, the construction of escapement shafts, and such other appliances as may be
necessary to protect the health and secure the safety of the workmen therein; and shall
prohibit the employment in the mines of children under twelve years of age.
Section 3. Drainage. The general
assembly may make such regulations from time to time, as may be necessary for the proper
and equitable drainage of mines.
Section 4. Mining, metallurgy, in public
institutions. The general assembly may provide that the science of mining and
metallurgy be taught in one or more of the institutions of learning under the patronage of
Section 5. Water of streams public
property. The water of every natural stream, not heretofore appropriated, within the
state of Colorado, is hereby declared to be the property of the public, and the same is
dedicated to the use of the people of the state, subject to appropriation as hereinafter
Section 6. Diverting unappropriated
water priority preferred uses. The right to divert the unappropriated waters of any
natural stream to beneficial uses shall never be denied. Priority of appropriation shall
give the better right as between those using the water for the same purpose; but when the
waters of any natural stream are not sufficient for the service of all those desiring the
use of the same, those using the water for domestic purposes shall have the preference
over those claiming for any other purpose, and those using the water for agricultural
purposes shall have preference over those using the same for manufacturing purposes.
Section 7. Rightofway for ditches,
flumes. All persons and corporations shall have the rightofway across public,
private and corporate lands for the construction of ditches, canals and flumes for the
purpose of conveying water for domestic purposes, for the irrigation of agricultural
lands, and for mining and manufacturing purposes, and for drainage, upon payment of just
Section 8. County commissioners to fix rates for water, when. The general assembly shall provide by law that the board of county commissioners in their respective counties, shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water, whether furnished by individuals or corporations.