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 provided.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For taking property for public use, see § 15 of article II of this constitution.
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.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For appropriation and use of water, see article 82 of title 37; for taking property for public use, see § 15 of article II of this constitution; for public ownership of natural stream waters, see § 5 of this article; for diversion of waters from the state, see article 81 of title 37.
Section 7.Right-of-way for ditches, flumes. All persons and corporations shall have the right-of-way 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 compensation.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 72.
Cross references: For rights-of-way and ditches, see article 86 of title 37; for taking private property for private use, see § 14 of article II of this constitution; for public ownership of natural stream waters, see § 5 of this article; for diverting unappropriated water, see § 6 of this article; for eminent domain, see article 1 to 7 of title 38.
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.
