University of Colorado Law Review Volume 55 Issue 3 Spring 1984

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414 UNIVERSITY OF COLORADO LAW REVIEW [Vol. 55 Board. It is fair to say that the broadest responsibility for the state's role in protecting, conserving and developing Colorado water lies with the Board.187 The State Engineer administers both surface and groundwater acquired by water users, serves on interstate commissions and is re- sponsible for meeting deliveries of water imposed by compacts.'$" In addition, he issues permits to drill water wells, both tributary and non-tributary outside of designated ground water basins.'" This lat- ter role requires him to make judgments about whether unappropri- ated water is available at the location of the proposed well and whether other appropriators will be injured. He also is the chief ad- minstrative officer for the Colorado Groundwater Commission.l4o The Groundwater Commission may establish designated groundwater basins and, along with groundwater management dis- tricts, supervises groundwater withdrawals on the high plains.141 The Colorado Water Resources and Power Development Au- thority is a special entity with authority to incur debt for which it anticipates sufficient revenues to repay.142 The Colorado Constitution prohibits the state government from incurring debt.14S Thus, if funds must be raised by a state agency to build a water project, with re- payment to come later, it must be done by the Authority. The state has no obligation to repay the debt. Of course, other entities not cov- ered by the constitutional restriction such as special conservation dis- tricts, water and sanitation districts, municipalities, and conservancy districts may incur debt to build water projects.144 The Water Quality Control Commission supervises the admin- stration of Colorado's Clean Water Act and works closely with the federal government in carrying out state responsibilities under fed- eral water quality laws.145 The Water Board, State Engineer, and Groundwater Commission are part of the Department of Natural Resources. The Water Quality Control Commission is in the Depart- ment of Health. 137. Id. §§ 37-60-101 to 122; 123 repealed; § 37-92-102(3) (1973 & Supp. 1983). 138. Id. §§ 37-80-101 to 120. 139. Id. § 37-90-137. The State Engineer also issues permits for small capacity wells within designated groundwater basins. Id. § 37-90-105 (1973). 140. Id. § 37-90-104(6) (1973). 141. Id. §§ 37-90-101 to 141. 142. Id. §§ 37-95-101 to 123. 143. See COLO. CONST., art. xi, §§ 3-4. 144. See,e.g.,COLO.REV.STAT. §§ 37-45-101 to 153 (1973),providing for the author- ity of water conservancy districts to incur debt. 145. Id. §§ 25-8-101 to 703 (1973).