Where, in the judgment of the state engineer, tanks upon any stream and its tributaries do not require conduits for purposes of safety or the protection of prior livestock water tank rights, it is lawful for the state engineer to approve an application not calling for conduits. Nothing in this section shall abrogate the right of any owner of a vested water right or appropriation of water to require such conduits in any case where necessary to protect such senior right.
Source: L. 41: p. 528, § 11. CSA: C. 160, § 236. CRS 53: § 8-17-11. C.R.S. 1963: § 8-17-11. L. 92: Entire section amended, p. 2306, § 6, effective June 3.