WSP09097 - Laserfiche WebLink

Home Browse Search

r-- 31 co '<:t' ..-.oj .C::J , ;~ is reproduced herein as Appendix C. Judge Smith held that the proposed rules and regulations in their present form and content were disapproved, and remanded the proposed rules and regulations to the State Engineer for separate action pursuant to Section 37-80-104 CRS 1973 for the rules and regulations involving the Rio Grande River Compact, and pursuant to Sec- tion 37-92-501, et al., for the rules and regulations affecting water administration within the state of Colorado and not affected by the Rio Grande River Compact. Judge Smith ruled t~at it is improper to combine rules and regulations involving the Rio Grande River Compact and rules and regulations which strictly apply to water determinations within the state of Colorado. The court ruled that the standards to be applied for each set of rules and regulations were different. Rules and regulations adopted by the State Engineers invOlving the Compact require that they be "legal and equitable" (Section 37-80-104 CRS 1973) while the rules and regu~ations applicable to water within the state of Colorado have specific standards listed in Section 37-92-502 CRS 1973. The Judge also listed certain additional factors which should be considered by the State Engineer in promulgating , any rules and regulations that affect purely intrastate water, i.e., desig- nation of tributary streams, location of aquifers, interconnection of aquifers, the hydrologic characteristics of aquifers and tributaries, the interrelationship of surface and subsurface uses of common owners, regulations for uses in times of unusual hydrological or climatic condi- tions, regulations for the control of waste water, and regulations re- lating to beneficial use and control of excess application of water. Thus the court ruled that the State Engineer should separately adopt rules and regulations, and those rules and regulations should be tested