Colorado State Water Plan 1974 (Phase II)

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State Water Laws, Policies, and Administration Provision was made for publication of notice that the tabulation had been made and mailing of the tabulations for each division, as well as for filing objections to the manner in which a water rights is listed in a tabulation, and for necessary or advisable revisions of the tabulations. These tabulations were to serve as the basis for preparation of another set of tabulations to be completed by July 1, 1974, and for successive revisions of the tabulations every four years thereafter. The 1974 and succeeding tabulations are to be filed in court for adjudication by the water judge for each division. After adjudication, any person who wishes may protest either omissions from the tabulation or the manner of inclusion of water rights therein. The water judge is then directed to enter a judgment and decree either incorporating the tabulation of the division engineer as filed,. or incorporating the tabulation with such modifications as the water judge may determine proper. Appellate review of the judgment and decree may be had as in other civil actions. In preparing the 1974 and successive tabulations, division engineers are directed to include priorities awarded subsequent to those listed in the preceding tabulations, to incorporate any changes of water rights that have been approved, to note any changes from conditional water right to water right, to modify any water rights which the division engineer determines to have been abandoned in part, and to omit any water rights which the division engineer determines to have been totally abandoned. Nonuse of a water right for ten years or more, "when needed by the person entitled to use same," creates a rebuttable presumption of abandonment. Division engineers are to prepare separate priority lists as necessary so that only those water rights taking water from the same source and which are in a position to affect one another will be on the same priority list. Rule of Priority The basic rule set forth in the State constitution is that between competing users of water, priority of appropriation gives the better right. Consequently, in time of shortage of water supply, the uses of persons whose appropriations are junior in date of initiation are curtailed to make water available to those whose appropriations are senior in time, and therefore, prior in right. The State officials who are charged with administration and distribution of water--the State Engineer, the division engineers, and the water commissioners-- are governed by the priorities for water rights established by judicial decrees entered in court adjudication proceedings for the determination of water rights. 2.4