All ditches constructed for the purpose of utilizing the waste, seepage, or spring waters of the state shall be governed by the same laws relating to priority of right as those ditches constructed for the purpose of utilizing the water of running streams; but the person upon whose land the seepage or spring waters first arise shall have the prior right to such waters if capable of being used upon his lands.
Source: L. 1889: p. 215, § 1. R.S. 08: § 3177. C.L. § 1637. CSA: C. 90, § 20. CRS 53: § 147-2-2. C.R.S. 1963: § 148-2-2.