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COLORADO WATER MANAGEMENT AGENCIES The legal basis of allocation of water rights in the State of Colorado is the doctrine of "prior appropriation." This water law doctrine is the founda- tion of water allocation in nearly all of the Western States. Under this doctrine, the first to put water to beneficial use has the first right to use the water. This if often referred to as "first-in-time is first-in-right," and simply means that the earliest rights are entitled to water first during times of short supply, while rights junior to the early rights may be supplied by what water remains. Two key entities have important roles in the adjudica- tion and administration of water rights in Colorado: the Water Courts and the State Water Engineer. Water Courts The water courts are empowered to adjudicate water rights in Colorado. Each of the seven water divisions, which are defined on a geographic basis following the major river drainages, has a water judge, who is appointed by the Supreme Court of Colorado. Referees are designated by each judge on the basis of their ability to make expert recommendations on water matters (CRS 9 37-92-203 (4)).1 The opinions of these referees are not binding in court, but usually influence the final decision. No judge other than the one designated as water judge shall act with respect to water matters within that division. Water matters include only those matters specified in Colorado law to be heard by the water judge (CRS 9 37-92-203(1)). State Water Engineer The authority for administering the water as property of the public dedi'cated to the use of the people of the State, is placed with the State Engineer. The Office of the State Engineer in the Division of Water Resources has the responsibility to administer the laws pertaining to water rights and, as requested by the Governor or requi red by State statutes, gives counselor renders service to other State agencies. The State Engineer is a Civil Service appointed official and reports to the Executive Director of the Department of Natural Resources. Each of the seven divisions has a water engineer who assists the State Engineer in performing various administrative functions set forth in Colorado law (CRS 9 37-92-202). The roles of the water judges in adjudicating water rights and the State Engineer in administering these rights are more fully discussed in later sections of this report. 1All references to Colorado statutes shall mean Colorado Revised Statutes as compiled in 1973 and the 1986 cumulative supplement, as applicable. 8