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8 I I I I I I I I I I I I I I I I I I I under the juri sdi ct i on of the Colorado Ground Water Commi ssi on. Those waters are "Oesi gnated Ground Water". Second, all other ground water fall s under the jurisdiction of the state engineer and is further divided into waters that are tributary and those that are nontributary to a stream. The General Assembly attempted to clarify classification and adminis- tration of ground water in 1965 with a legislative declaration of policy: It is declared that the traditional pol icy of the state of Colorado requiring the water resources of this state be dedicated to benefi c i al use in reasonabl e amounts through appropri at i on, is affi rmed wi th respect to the des i gnated groundwaters of thi s state, as said waters are defined in Section 37-90-103(6). While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic development of des i gnated groundwater resources. Pri or appropri at ions of ground water should be protected and reasonable groundwater pumping levels maintained, but not to include the maintenance of historical water levels. All designated waters of this state are therefore declared to be subject to appropriation in the manner defined in this article (C.R.S. 37-90-102).3 The legislature went on to define designated ground water as: . . .that groundwater which in the natural course would not be available to and required for the fulfillment of decreed surface rights, or groundwater in areas not adjacent to a continuously fl owi ng natural stream wherei n groundwater withdrawal s have con- stituted the principal usage for at least fifteen years preceding the date of the fi rst heari ng on the proposed desi gnati on of the basin, and which in both cases is within the geographic boun- daries of a designated groundwater basin (C.R.S. 37-90-103).4 3 Radosevich, 1978, Western Water Laws and Irrigation Return Flow, Environ- mental Protection Agency, pp. 124. 4 Ibid