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'~~'-' 32 ~ ~ ~ ~ in separate actions governed by the separate statutes. The court held ~.~ ~l this was the only orderly and proper way to determine the validity and applicability of each set of rules and regulations. Following his deci- sion Judge Smith retired from the bench. He returned on special assignment to hear a motion for a new trial in March, 1977, which motion he denied. The Attorney General is now appealing this decision. In the meantime, the rules and regulations proposed by the State Engineer are not in effect. Also, specific operating criteria have not been approved by the various water organizations and the State Engineer as had previously been done. This situation gave rise to the second state lawsuit. The Mogote Ditch Company has a right to divert 342.40 cubic feet of water per second with the priority date of June 2, 1887. On June 5, 1976, the water commissioner in the San Luis Valley reduced the diversion by Mogote Ditch to 100 cubic feet of water per second in order to fulfill commitments under the Rio Grande River Compact. After the water commis- sioner left, the ditch diversion was adjusted upward. The water commis- sioner returned, found the upward adjustment, issued a verbal order pur- suant to Section 37-92-502 CRS 1973 and adjusted the headgate downward. The headgate was subsequently adjusted upward and on June 7, 1976 the Division Engineer issued a written order. The order was not heeded. Suit permanent seeking a temporary ., t' ~. 1nJunc 10n. restraining order and a temporary and a was filed The State Engineer contended that unless the diversion of Mogote Ditch was reduced from 342.40 cubic feet of water per second to 100 cubic 36peo le vs. The Mo ote Northeastern Consolidated Ditch Com an , Case No. W-3560, Water Court, Third Division.