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<br /> <br />to the water judge, formal hearings are held, in accordance with the Colorado Rules <br /> <br /> <br />of Civil Procedure. In the case of a protested ruling, the water judge is not bound <br /> <br /> <br />by the referee's ruling, but is charged with the duty to confirm, modify, reverse, or <br /> <br /> <br />remand the ruling. In matters referred to the water judge, a hearing is held which <br /> <br /> <br />will result in either the issuance of a judgement and decree or a denial of the <br /> <br /> <br />application. Appellate review of decisions of the water court is provided for in the <br /> <br /> <br />Colorado Supreme Court. <br /> <br /> <br />The 1969 adjudication procedure is applicable to new appropriations of all <br /> <br /> <br />waters of the state except water in certain designated groundwater basins.. Stock <br /> <br /> <br />watering, domestic, and certain other wells not exceeding a flow of fifteen gallons <br /> <br /> <br />per minute may, but are not required to be adjudicated, although a well permit is <br /> <br /> <br />required. <br /> <br /> <br />The Colorado constitution provides that whenever the waters of any natural <br /> <br /> <br />system are not sufficient: those using the waters for domestic purposes shall have <br /> <br /> <br />preference over those claiming for any other purpose; and those using the water for <br /> <br /> <br />agricultural purposes shall have preference over those using the same for manufac- <br /> <br /> <br />turing purposes. The courts have held that the preference is not self -executing, but <br /> <br /> <br />must be exercised by condemnation and the payment of compensation by the <br /> <br /> <br />preferred user-condemner to the condemnee whose right, though not preferred, is <br /> <br /> <br />nevertheless senior in priority. <br /> <br /> <br />Industrial use is last in the list of preferred uses and therefore cannot <br /> <br /> <br />condemn either municipal or irrigation uses, but may purchase senior domestic or <br /> <br /> <br />irrigation rights. <br /> <br /> <br />6. Related ARencies <br /> <br /> <br />Although water quality questions have not been the direct concern of the <br /> <br /> <br />water court, there is increasing activity because of water rights matters and environ- <br /> <br /> <br />mental constraints. The state of Colorado, operating through the Colorado Water <br /> <br /> <br />Quality Control Commission, has assumed primary enforcement authority for the <br /> <br /> <br />National Pollution Discharge Elimination System (NPDES) program. <br /> <br />14 <br /> <br />