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<br />. ---'-~. '^> '", '. <br /> <br />C'\l C-lO <br />..-.j <br />If) <br />""-1 <br /> <br />"\; for the purposes and within the requirements and limitations should be set <br /> <br />up separately, to the end that the separate requirements are carefully set <br /> <br />forth and delineated. <br /> <br />Accordingly, the Court is of the opinion and so finds that the State <br /> <br />Engi neer has improperly co-mi ng1 ed regu 1 at ions for the purpose of insuring <br /> <br />compliance with the Rio Grande Compact with rules and regulations adopted <br /> <br /> <br />under the authority of C.R.S. 1973, 37-92-501 and 502 which must under the <br /> <br />statutory standards and limitations, be limited to the regulation of the <br />water of this stat~ to satisfy individual water rights. <br />Additionally, the Court does 'not find that the Rules and Regulations as <br />proposed meet the requirement of C.R.S. 1973, 37-92-502 and 503. The Rules <br />and Regulations should be specific to the degree that a water user should be <br /> <br />able to determine from such as to whether any rule or regUlation is applicable <br />to that water user and the extent of applicability. That is not the situation <br />in this case because the State Engineer has WhOlly failed to set'forthwhat <br />streams he considers to be tributary, the location of aquifers, the inter- <br />connection of aquifers, the hydraulic characteristic of such, the inter- <br />relationship of surface and subsurface uses of a common owner, the regulation <br /> <br />of uses in times of unusual hydrologic or climatic conditions and standards <br /> <br />to determine the use permitted, regulations for the control of waste, regu1a- <br /> <br />tions relating to beneficial use and control of excess application and the <br />State Engineer in general has proposed Rules and Regulations that are vague, <br />indefinite and uncertain to the degree that an intelligent user cannot be <br />apprised as to what the State Engineer might or might not determine to do <br />in a given situation. Rules and regulations are for the purpose of establish- <br />ing requirements for a course of conduct and action in the future and in- <br />forming the general pUblic of such course, and such should not be designed <br />to confuse those entitled to rely upon them. The statutes contemplate water <br /> <br />""I <br />' , <br />