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WSP10597
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Last modified
1/26/2010 3:13:48 PM
Creation date
10/12/2006 4:25:08 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8410.350
Description
Platte River Basin - Basin Multistate Organizations - Missouri Basin IAC
State
CO
Basin
South Platte
Water Division
1
Date
12/14/1962
Author
Raphael J Moses
Title
Recodification of Colorado Water Laws
Water Supply Pro - Doc Type
Report/Study
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<br />" <br /> <br />00278l, <br /> <br />. <br /> <br />. <br /> <br />5. Reservoirs can be filled and refilled if the decree so <br />authorizes. <br /> <br />6. Water need not be bypassed if it will not reach the <br />downstream point of diversion in reasonably usable <br />quantities. <br /> <br />7. Waste is unlawful. <br /> <br />Transfer proceedings are inaugurated in the State Engineer's <br /> <br />office and transferred to court only if a protest is filed and <br /> <br />the change to a court requested. Otherwise the state Engineer <br /> <br />may permit, deny or impose conditions. The State Engineer's <br /> <br />order is appealable. <br /> <br />In an effort to make titles to water merchantable, and to <br /> <br />provide a method to determine who owned what water right, we <br /> <br />established a "master decree" proceeding in each water division. <br /> <br />There, by appropriate notice, all prior decrees would be affirmed, <br /> <br />and the individual ownership in each decree specified and quieted, <br /> <br />for, under the present law in Colorado, an adjudication decree <br /> <br />does not determine fractional ownership of the persons obtaining <br /> <br />the decree. <br /> <br />Also, in order to avoid the very expensive procedures now <br /> <br />necessary to open an adjudication, every two years a person may <br /> <br />go into a water court and open an adjudication without other <br /> <br />notice, and every water user must take jUdicial notice of this <br /> <br />feature. No decree can be entered until the State Engineer has <br /> <br />reported On the claim and examined the works, if a final decree <br /> <br />9 <br />
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