PUB00148

• Year: 1978
• Title: The Colorado Water Study Directions for the Future
• CWCB Section: Administration
• Description: The Colorado Water Study Directions for the Future
• Publications - Doc Type: Historical

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E. Administration of Water Rights.

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1. Tributary Water.

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The state engineer is responsible for the administratio~l of the
priority system, as established by court decrees. He acts through his
division engineers and their local water commissioners. The.water
commissioners are usually responsible for a tributary to a major river
or a segment of the major river's main stem. In their work, the com-
missioners act essentially as water policemen, making certain that
senior water rights are completely satisfied before water is diverted
or stored by junior water rights. One exception to this practice is
the "futile call doc.trine," under whic.h a junior's storage at diversion
will not be curtailed if it is not causing material injury to a senior
water right.

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2. Designated Ground Wate~.

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While the law concerning the administration of designated ground
water is not well developed, it is clear that administrative powers are
vested in and shared by two entities: the Ground Water Commission, and
local ground water management districts. The administration of desi~lated
ground water has two goals: the protection of vested water rights
(probably in order of priority), and the conservation of ground water..

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3. Nontributary. Nondesignated Ground Water.

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There simply is no law with respect to the administration of water
rights in nontributary, nondesignated ground water. Although permits
to construct wells to withdraw such water must be obtained from the
state engineer, there is no certainty as to the responsibility for the
continued administration of non tributary, nondesignated ground water
withdrawals.

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