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Last modified
1/26/2010 12:29:15 PM
Creation date
10/11/2006 10:08:13 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8407.500
Description
Platte River Basin - River Basin General Publications - Missouri River
State
CO
Basin
South Platte
Water Division
1
Date
6/1/1978
Author
Missouri Basin Inter
Title
Missouri River Basin Comprehensive Framework Study-revised Volume III-Law-policies-and Administration-Appendix
Water Supply Pro - Doc Type
Report/Study
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<br />have anached.26 Thus, if the holder of the direct now or <br />storage decree has aft1rmed an intent to capture such <br />return flow before it reaches the stream, he has the best <br />right to the same. On the otner hand, if a rIght has <br />attached to sUl.:h return after it has reached the stream. <br />there may be no future interception and use which <br />would injure the vested use of the return.2'7 A new <br />statute eJl<lbles an <lppropriator to reuse water imported <br />from a different stream system to make a succession <br />of uses. if it c<ln be dislmguished frolTl the stream 10 <br />which it is introduced, provided that vested nghts are <br />protected.28 <br /> <br />ADMINISTRATION OF WATER RIGHTS <br /> <br />In 1969, the Gelleral Assembly enacted legislation <br />which solidifies the statutory duties and powers of the <br />Division of Water Resources and ils executive officer, <br />the slate engineer. Each of seven water divisions of the <br />state is in charge of <I division engineer and his assist- <br />ants.29 Water districts within the divisions have been <br />abolished. <br />Except in matters of water pollulion control, only <br />the state engineer and the division engineers shall ad- <br />minister, distribute <lnd regulate the w<llers of the state <br />in accordance with the state constitution. state l<lws and <br />written orders and instructions of the stale enginecr.3o <br />The st<lte engineer or division engineers shall issue to <br />water rights owners and tlsers orders necessary 10 admin- <br />ister, distribute and regul<lte the waters of the stllte. Each <br />division engineer shall order the discont inuance of any <br />diversion to the extent the water is not necessary for ap- <br />plication to a beneficial use or is required by senior ap. <br />propriators. Slandards are listed for discontinuance. A <br />well approved as an a1tern<lte means of diversion for a <br />decreed surface righ t must be utilized 10 the extent <br />feasible and permissible before diversions under junior <br />rights are ordered discontinued. The division engineer <br />shall order the release under proper conditions of any <br />w<lter improperly or illegally stored. The administrative <br />officers shall administer the movement or water involved <br />in any plan for augmentation or water use project, and <br />issue orders and I.r(j!!u fl.lnd'5. pllolic ;"Inri nril/are. or anl/ <br />other resources available to them. They ~hall h~ve th~ <br />authority to order water right owners or users to install <br />and main lain at their expense measuring devices ,and to <br />report the readings of such at reason<lble times. The ad. <br />ministrative officers shall have the <luthority and duty to <br />enter upon prjvale property to inspect the faCilities and <br />read the measuring devices. Administrative officers m<lY <br />apply to the water judge for an injunction enjoining the <br />continuation of a vioJ.ation of a slale official's ordrr. Any <br /> <br />8 <br /> <br />person damaged by violation of an order. properly en. <br />joined, may recover triple damages and the cost of suit, <br />including reason<lble attorney fees.J1 <br />The administrative officers shall be governed by the <br />priorities for water rights and conditional water rights.32 Provi. <br />sion is made for tabuJations of water rights by the respective <br />division engineers., with opportunity for objection by any per- <br />son. corrections, and hearings. The division engineer was <br />directed to prepare. in 1978. a tabulation of all water rights in <br />the State of Colorado. He also was to prepare a tabulation <br />listing the water rights which have been abandoned in all or in <br />part. Ths tabulation shall be published and any person wishing <br />to object shall do so by July I. 1980. The division engineer shall <br />make such revisions as he deems proper by July 1. 1981, and <br />shaU again publish the tabulation. Any person wishing to object <br />to this publication shall do so by January I. 1982, by filing a <br />written protest with the Water Court. Commencing in late <br />1982, the water judge shall hear all objections to the tabulations <br />and shall enter a decree approving the final tablliation.33 <br /> <br />TRIBUTARY GROUND WATER <br /> <br />Underground waters for many years have been used <br />ill Colorndo Wilhout being properly within the priority <br />system. Mudl effort was made by the General Assembly <br />with the help of engineers and '!tomeys during {he 1969 <br />session to remedy the situat}on. Cenera\ policies rebling <br />to integration of tributary ground water into the priority <br />system are contained in the introdu(:(ion. <br />In determining and administering the use of water, <br />judicial and administrative officers shall he governed by <br />the following: (a) If an appropriatur uses a well he may <br />charge that dIversion to its own appropriation or, if he <br />also has a surface right taking from the same stream sys- <br />tem, he may. by using the proper procedure. have the <br />well as all alternate point of diversion for his surface <br />decree: (b) the widest possible discretion to permit the <br />use of wells shall prevail (lowering of the water table <br />will be allowed if it later CJn be recharged so as to pre- <br />vent injury to senior appropriators): and (c) as in other <br />parts of the new legislation. provision is made for the <br />interim period until procedures and paper work can be <br />finalized.'" <br />It should be kept in mind t1wt procedures for deter- <br />mination and administration of w<lter rights covered <br />herein arc to cover tributary ground water <IS well as <br />surface rights as a comlllon unit. <br /> <br />DESIGNATED GROUND WATER BASINS <br /> <br />There are some areas of the State where considerable Quan- <br />
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