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<br />[) 1". "'I"'" / <br />,: .! ~ ~ ,:.1 1: <br />~ ',,-' <.' ,--, ~ <br /> <br />DRAFT <br /> <br />occasions, municipalities have obtained water rights covered by <br /> <br />irrigation priorities through the use of the power of eminent <br /> <br />domain. <br /> <br />Extensive reform in water legislation was enacted in the 1969 <br /> <br />session of the Colorado General Assembly. This legislation, referred <br /> <br />to as S. 81, the Water Right Determination and Administration Act of <br /> <br />1969, provides entirely new procedures for adjudication and adminis- <br /> <br />tration of water rights. It abolishes existing water districts and <br /> <br />irrigation divisions and substitutes for them seven new water divisions <br /> <br />which have roughly the same boundaries and limits as the former <br /> <br />irrigation divisions. <br /> <br />S. 81 provides for the appointment of a water judge and water <br /> <br />clerk for each of the seven water divisions. All water matters shall <br /> <br />be handled only by the water judge, assisted by the water clerk. The <br /> <br />water judge appoints one or more referees who make original rulings on <br /> <br />all requests or he may perform those duties himself if he so desires. <br /> <br />The general procedural plan of S. 81 requires a water user who <br /> <br />desires a determination or a change of water rights to file an appli- <br /> <br />cation with the water clerk of the appropriate division. The appli- <br /> <br />cation is referred by the water judge to a referee who makes an initial <br /> <br />determination after due notice of the application has been given to <br /> <br />other users and after the referee has made such investigations as he <br /> <br />may find necessary to determine the truth of the representation made <br /> <br />in the application or in the statement of opposition filed by an <br /> <br />opponent. This ruling is subject to judicial review by the water judge <br /> <br />in a final hearing, it may be confirmed, modified, reversed, or reversed <br /> <br />and remanded. The final ruling is embodied in a judgment and a decree <br /> <br />-2- <br />