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>,",f;:,,':,;:,',";';' "M~:~', '. "'- -" '- - ~ C-7 d') " sions of underground water by wells. Such conclusions as it relates to drains, seepage and waste ditches is erroneous on the part of the State Engineer and rules and regulations as based upon such errors cannot stand. \f) ....-I .-v~ --' c' The applicable provisions of C.R.S. (1973) 37-21-114 (1) and 37-82-102 make it clear that drains, seepage and waste collection ditches or similar structures are subject to the priority system and should be administered as such. A reclassification of drains and similar structures as proposed in the Rules and Regulations is contrary to existing decrees and materially affects the vested rights of the water users that have historically been utilized for years. The established decrees of previous water adjudications cannot be jeopardized or the status altered by the rule making power of the State Engineer. except insofar as administrative authority is applied through the priority system. The Court is aware that the parties to this action in general. desire for the Court todeci de a 11 anci 11 ary matters that may be connected wi th water administration in the San Luis Valley. It is clear that a determination is sought as to the meaning of Article III of the Rio Grande River Compact. C.R.S. 1973.37-66-101. under the guise that such is properly covered under the provisions of C.R.S. 1973, 37-92-501 and 502. The Court concludes that such is not properly before the Court in this preceeding. and is a matter for separate determination in a properly brought action. Rules and regulations designed and intended to facilitate compliance by the State of Colorado with the Rio Grande Compact, which is referred to in the statute as the Rio Grande River Compact, are authorized under C.R.S. 1973. 37-80-102 (1) (a) and 37-80- 104. both sections in their present content having been enacted in 1969 at the ,same time. Prior to 1969, there appears to have been no legislation em- powering the State Engineer to promulgate regulations to insure compliance by Colorado with the Rio Grande Compact. It is critical to this decision.