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<br />00 <br />,'.J C-6 <br />if) <br />-.j <br /><.;.';J <br />-' Association 176 Colo, 119, 490 p2d 268 (1971). <br /> <br />Numerious protests have been filed to the Proposed Rules and Regulations <br />as based on the alleged defiCiency that the State Engineer failed to follow <br /> <br />the necessary procedures as set forth in the State Administrative Procedure <br /> <br />Act, C.R.S. 1973, 24-4-101 et seq. This purely legal pOint has not been <br /> <br />actively pursued and does not appear to be seriously contested. The office <br />of the State Water Engineer is no doubt an agency of the state haVing state- <br />wide territorial jurisdiction and the act is applicable except for the specific <br />exception as contained in C.R.S. 1973, 24-4-107 which provides in part as <br />follows: <br /> <br />" <br /> <br />where there is a conflict between this article <br />and a specific statutory provision relating to a <br />specific agency, such specific statutory provision <br />shall control as to such agency." <br /> <br />The authorization for the adoptions of rules and regulations on the part of <br />the State Engineer is specifically set forth in C.R.S. 1973, 37-92-501 and <br /> <br />a distinct procedure, differing from the State Administrative Procedure Act <br /> <br />is set forth. It should be noted that such is applicable only to those Rules <br /> <br />and Regulations as are in conformity with in the gUidelines and in keeping with <br /> <br />the standards of the"l~ater Right Determination and Administration Act of 1969." <br /> <br />The legislative intent is specifically expressed in C.R.S. 1973, 37-92-501 (1) <br /> <br />and it is clear to the Court that the State Administrative Procedure Act is <br /> <br />not applicable to rules and regulations adopted pursuant to the "Water Right <br />Determination and Administration Act of 1969." The Court does not arrive at <br /> <br />the same conclusion as it relates to rules and regulations for compact commit- <br />ments but such will be more fully discussep in other portions of this opinion. <br /> <br />The State Engineer has further concluded in Regulation III, C., that <br /> <br />.water rights deriVing their supply from drains or any structure or device used <br />for the purpose or with the effect of obtaining underground water for beneficial <br /> <br />use from an aquifer, are considered to be in the same category as diver- <br />