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<br />.." .-, ..... ~1_'~ t"') <br />~ 'eO ,!c ". , DRAFT <br /> <br />jurisdiction over water matters. Water clerks assist the water judges <br /> <br />in their administrative and judicial functions. The judges also appoint <br /> <br />referees whose primary functions are to investigate all facets of an <br /> <br />application for water rights determination and has the authority and <br /> <br />duty to rule upon the determination of water rights and conditional <br /> <br />water rights. Protests of the referee's ruling will be heard by the <br /> <br />water judge in accordance with trial practice and procedure. Appellate <br /> <br />review of the judgment and decree of the water judge is allowed. <br /> <br />Interstate Compacts <br /> <br />While the State Constitution stipulates that the water of every <br /> <br />natural stream is dedicated to the use of the people of the state, this <br /> <br />provision is subject to decision of the U. S. Supreme Court which pro- <br /> <br />vides for an equitable apportionment of the benefits arising from the <br /> <br />waters of an interstate stream. Under these circumstances, Colorado <br /> <br />may not use and control all of the water of the many streams originat- <br /> <br />ing within its borders. There must be a division of the waters of all <br /> <br />interstate streams; this division may be accomplished either by decree <br /> <br />of the U. S. Supreme Court or by interstate compact consented to by <br /> <br />the Congress. <br /> <br />Colorado has by compact secured a definition of its rights to the <br /> <br />use of water from the Colorado River and its tributary, the San Juan <br /> <br />River. <br /> <br />Colorado River Compact <br /> <br />Waters of the Colorado River system were allocated by this <br /> <br />compact to the Upper and Lower Basin states with Lee Ferry being <br /> <br />made the division point. Each basin is granted the exclusive <br /> <br />beneficial consumptive use of 7,500,000 acre-feet of water per <br /> <br />-4- <br />