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i:1 I I I I I I I I I I I I I I I I I I Ground Water For purposes of water rights administration, ground water is divided into two categories under Colorado law. First, ground water which contribu- tes little or no flow to surface streams (i.e. nontributaryl and does not affect vested surface water rights comes under the jurisdiction of the Colorado Ground Water Commission. This water is referred to as "Designated Ground Water" and its use is subject to appropriation in accordance with the 1965 Colorado Ground Water Management Act. Second, all ground water "in the unconsolidated alluvial aquifer of sand, gravel and other sedimentary materials, and all other waters hydraulically connected thereto which can influence the rate or direction of movement of the water in that alluvial aquifer or natural stream" falls under the jurisdiction of the State Engineer, and it is appropriated in much the same manner as surface water subject to the 1969 Water Right Determination and Administration Act. The General Assembly attempted to clarify classification and admin- istration of ground water in 1965 with a legislative declaration of policy: It is declared that the traditional policy of the state of Colorado requiring the water resources of this state be dedicated to benefi ci al use in reasonable amounts through appropri ati on, is affirmed with respect to the designated ground waters of this state, as said waters are defined in Section 37-90-103(6). While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic develop- ment of designated ground water resources. Prior appropriations of ground water should be protected and reasonable ground water pumping levels maintained, but not to include the maintenance of historical water levels. All designated waters of this state are therefore declared to be subject to appropriation in the manner defined in this article (C.R.S. 37-90-1021. The 1965 Ground Water t4anagement Act put "Designated Ground Water" under an appropriation system not unlike surface water; however, original authority lies with the Ground Water Commission rather than the judiciary. Also established in the law was a prior appropriation doctrine. Unlike the surface water law, however, a permit for ground water is appurtenant to the land and may not be transferred without the expressed approval of the Ground Water Commission. 53 OOBI