Colorado State Water Plan 1974 (Phase II)

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State Water Laws, Policies, and Administration Through the Water Right Determination and Administration Act of 1969, the Colorado General Assembly changed the procedures for adjudicating water rights. A water clerk and a water judge were named for each of the seven water divisions. Water referees were appointed by the water judges to make investi- gations and initial rulings. Any person who wishes a determination of a water right, conditional water right, change of water right, plan of augmentation, or biennial finding of reasonable diligence in perfecting a conditional water right, may at any time file an application with the water clerk. Others may file statements of opposition. The application is referred to the referee who, after publication and investigation, may either rule on it or refer it back to the water judge. If the referee rules on the matter, the water judge thereafter may hear protests of the ruling and may confirm, modify, reverse, or reverse and remand the rulings. If the referee does not rule on the matter, but instead refers it back to the water judge, the water judge decides it. Appellate review of judgments and decrees of the water judge is provided for in the statutes. Priorities awarded under proceedings established in the 1969 act are junior to all priorities awarded in decrees entered prior to June 7, 1969, the effective date of the act. Priority dates awarded for applications filed in each division during each calendar year are junior to all rights awarded in the division in any previous calendar year. An exception to the foregoing two rules was made for wells for which priorities had not been established or sought but for which an application was filed with the water clerk on or before July 1, 1972. The 1969 adjudication procedure is applicable to new appropriations of all waters of the State except water in certain designated ground-water basins. In addition, stock watering, domestic, and certain other wells not exceeding 15 gallons per minute may, but are not required to be adjudicated. The 1969 act places jurisdiction of all "water matters" exclusively with the water judges. "Water matters, " in addition to adjudication of claims, include all matters involving beneficial application of water or priorities of appropriation, enforcement of orders of the State Engineer or division engineers, and validity of rules and regulations of the State Engineer. Other matters, such as irrigation runoff may be brought in a State district court having ordinary civil jurisdiction. Suits to enjoin use of water in designated ground-water basins is administered by the Colorado Ground Water Commission. 2.5