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<br />, <br /> <br />~ r"\ <br />~ ~\....}. ~ ,J '. <br />UJt< -Jt..;<. <br /> <br />DRAFT <br /> <br />off-channel reservoirs, the capacity of the inlet works must be <br /> <br />described in the same manner as that used for direct diversion canals. <br /> <br />A reservoir decree permits taking an storing water in the order of its <br /> <br />priority. Direct flow uses having priority dates junior to a reservoir <br /> <br />may not take water when the reservoir right is unsatisfied. Under each <br /> <br />reservoir decree ordinarily there may be but one filling of the reservoir <br /> <br />per year unless there is free water in the stream not demanded by other <br /> <br />appropriators. A reservoir can secure decrees permitting more than one <br /> <br />filling under some conditions but such decrees must take their proper <br /> <br />places in the priority schedule. If a change of place of storage can be <br /> <br />accomplished without injury to vested rights, it may be granted in an <br /> <br />appropriate transfer proceeding. By statute, a reservoir owner is made <br /> <br />the virtual insurer against loss or damage occasioned by failure of the <br /> <br />reservoir. The problem of the p'assag" of direct flow water through '" <br /> <br />reservoir has caused some controversy. The state engineer may order <br />1 <br /> <br />releases equal to net evaporation from an on-stream reservoir for other <br /> <br />appropriators. Direct flow water may be passed through a reservoir <br /> <br />system if it is not actually stored therein. <br /> <br />The 1969 legislation solidified the statutory duties and powers of <br /> <br />the Division of Water Resources and its executive officer, the state <br /> <br />engineer. Each of seven water divisions of the state is in charge of a <br /> <br />division engineer and his assistants. Water districts within the <br /> <br />divisions have been abolished. <br /> <br />Except in matters of water pollution control, only the state engineer <br /> <br />and the division engineer shall administer, distribute and regulate the <br /> <br />waters of the state in accordance with the state constitution, state laws <br /> <br />and written orders and instructions of the state engineer. <br /> <br />Underground waters for many years have been used in Colorado without <br /> <br />being propar1y within the priority system. Much effort was made by the <br /> <br />9. <br /> <br />, <br />_. .~~ <br />