482 IRRIGATION FARMING. 



of snows on the mountain ranges. These waters 

 assume different forms, sometimes as springs, rivulets, 

 ponds and lakes, depending upon the charadler of the 

 ground through or over which they pass. Sometimes 

 these waters percolate through the ground and pass 

 unseen for miles and then appear as springs. These 

 are as a rule feeders of the natural streams and in con- 

 templation of law are a part of them., and to divert the 

 waters from a spring or lake which is the source of 

 supply of a natural stream could scarcely be distin- 

 guished from the appropriation of water from the 

 stream itself. How far the owner of lands upon which 

 springs arise may be permitted to use the water, allow- 

 ing it to flow on after use, would no doubt depend 

 upon the character and amount of the land, and the 

 nature of the spring or springs. We are now referring 

 to what may be termed natural as distinguished from 

 artificial springs, produced by waste or seepage water, 

 escaping from reservoirs, ditches or canals, or the sur- 

 plus produced by irrigation. The right to these waters 

 is defined by statute. By an a(5l of the Colorado 

 Legislature of 1889, Acfl LXXXIX, p. 215, a prior 

 right to the use of seepage or spring waters is given to 

 the person upon whose lands the same first rises, but 

 the term spring waters as used in the a(5l doubtless 

 refers to artificial springs, produced by seepage or 

 waste water. If, however, it should be held to apply 

 to natural springs, it might be of doubtful constitution- 

 ality. Anything which tends to diminish the source 

 of supply water in a natural stream to the detriment of 

 prior appropriators is prohibited, hence the digging of 

 wells close to a stream, so that the water from the 



