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"'t' I I I I I I I I I I I I I I I I I I I There are two notable exemptions exempted from commission control: I} small capacity wells in a designated ground water basin; 2} deep water aquifers outs i de a desi gnated basi n. However, the state engi neer must issue a "permit to construct a well" which has some constraints applied (e.g. the proposed well must be more than 600 feet from an existing well unless facts prove that a closer well is acceptable; the well will not damage or injure the rights of others). Despite the intent to treat tributary ground water in a fashion simi- 1ar to surface waters in order to maximize the beneficial use of all waters, some cloudy issues remain. Colorado Water Resources and Power Development Authority The Colorado Water and Power Resources Development Authority (CWPRDA) was created to "i ni ti ate, acqui re, construct, ma intai n, repai r and operate projects or cause the same to be operated pursuant to a lease, sublease or other agreement with any person or governmental agency and may issue bonds and notes payable solely from revenues to pay the costs of such projects".6 The Authority was created by the Colorado Legislature in 1981 by Senate Bill 19 to provide the state with a water development agency. The legisla- tion transferred $29,999,000 from the Colorado Water Conservation Board construction fund (CRS 37-60-l21) to the Authority to be placed in a debt service reserve fund. The authorities of the CWRPDA are extensive, including: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state; (b) To sue and be sued; 6 CRS 37-95-102. 10