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III. LEGAL ENVIRONMENT A, COLORADO WATER LAW Colorado is an appropriation doctrine. state. The riparian rights doctrine. was never followed in Colorado. The distinction between the doctrines is that an ap- propria tor acquires rights in tributary water by taking the water and applying it to a beneficial use; presence of water on or running across land does not in and of itself create rights, as it would under the riparian doctrine. Colorado was the first state to adopt a pure appropriation. system. This became known as the Colorado doctrine., as distinguished from the California doctrine., which attempted to recognize both riparianism and appropriation, The Colorado constitution declares that the unappropriated water of every natural stream is the property of the public, subject to appropriation, and that the right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied, The constitution also provides that, between those using water for the same purpose, priority of appropriation shall give the better right, These constitutional expressions of the appropriation doctrine have been supplemented by a legislative declaration that all waters of the state have always been and are the property of the public, dedicated to the use of the people, subject to appropriation and use in accordance with the law, Colorado administers surface streams and tributary. groundwater aquifers as a unified system, both being subject to the appropriation doctrine and subject to administration based upon the priorities of the stream system, Waters which are not tributary to surface streams are not subject to the constitutionally mandated system. I. State Organizational Structure for Water Administration and Control: Engineering and Judicial Responsibility for water administration and control in Colorado is divided .See Definition of Terms 7