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<br />":.'~M-2051 <br /> <br />equal protection under the law. However, there may be valid reasons based on hydrology, <br />compact provisions, and resource demands to target salvage provisions to specific <br />watersheds. Another potential constitutional problem arises from assigning a priority date <br />that predated the intent to make an' appropriation for reuse purposes. This may be <br />inconsistent witb the declaration that 'The water of every natural stream, not heretofore <br />appropriated ... [is] the property of the public, '" subject to appropriation .... The right to <br />divert the unappropriated waters of any natural stream to beneficial uses shall never be <br />denied.;' Colo Const. Art XVI, Sections 5 and 6. <br /> <br />A final legal concept which needs to be considered is the authority of the State <br />Engineer to administer water rights, prevent waste, and determine that water rights have <br />been abandoned. . The State Engineer is given broad powers to enforce priorities to water <br />by curtaining diversions by junior rights when supplies are short. Section 37-92-502(2)(a),' <br />C.R.S. However, he may not curtail a junior diversion, unless he is certain the water will <br />actually benefit tbe calling senior right, the "futile call" doctrine.Id. Under this doctrine <br />the State Engineer does not curtail a junior right for the benefit of a wasteful water <br />diversion. Finally, the State Engineer is directed to investigate and remove abandoned <br />water rights from the priority system. Section 37-92-402, C.R.S. <br /> <br />These powers and duties can draw the SEO into any irrigation efficiency program, <br />even if there is no change in use of the water. Under current law, if efficiency <br />improvements are made by a water right holder, the SEO may reduce the size of any call <br />made by that right to the extent water is not needed for beneficial use. If actual diversion <br />rates remain reduced for a sufficiently long time the SEO could, or may be forced to, find <br />that a portion of the decreed water right of the salvager has been abandoned. However, the <br />owners of an improved system will always retain the ability to beneficially use the full <br />quantity of water needed for the historical purposes of the original appropriation. <br /> <br />V. Resource Impacts of Water Salvage <br /> <br />24 <br />