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Annual Report for 1968 "Every appropriator of water shall use, in a diligent manner, such methods and equipment, as ditches, dams, headgates, wasteways, pumps, wells, measuring devices, and supplemental points oC diversion, where necessar,Y, to capture the appropriator's full decree. Unless and until such methods have been so utilized, neit!ler the state engineer nor his dul,)' authorized representative shall be required to curtail diversions by a junior appropriator to supply such senior appropriator. It shall be pre- sumed that an appropriator is using the maximum capacit,r from all sources in computing total decree diversions." Water districts as such may be eliminated and one district established for the entire river basin. It is also proposed to have one judge designated to preside over a water court that would hear contests for the the whole river district. One court clerk would keep records of all diversions, both surface and ground water. The district engineer or deputies would be responsible for distribution of both surface and well water" Rules and pro- ceedures for shutting down wells \....ouJd ha\o"e to be drafted and appro\'ed before any action is taken. Legislation providing for these changes and many more are being introduced in the present legi slature, some may become the law. In the Fellhauer case the Supreme Court held that the 1965 law giving the State authority tn regulate and shut down irrigation wells was con- stitutional. They also held that when closing down irrigation wells, material injury to the senior approprlator must be lessened for the State Engineer to act. The regulation must be in compliance with rules and regulations issued by the state engineer prior to taking action. The Colorado Fish & Game Commission were granted permission by the Bent County District Court to trandsfer 5000 a.c. of the Muddy Creek water dated 1915 to John Martin Reservoir on June 3, 19GB. They are per- mitted to store 5,000/13,000 of the water less losses enroute originally stored in Setchfield Reservoir. They must have the approval of the Arkansas River Compact Administration and have a plan of operating John :-'lartin, with JX:lol, satisfactoril,)" to the water right owners on the river. The record of water storage in Muddy Creek Reservoir would certainly not indicate that it would maintain a 10,000 a.f. pool in John Martin Reser- voir. It would still be necessary for the State of Colorado under Federal Consent Act to purchase water sufficient to establish and maintain such a pool, and replace water lost to the river in maintaining a barrier of at least 28 feet in the river at ,John Martin Reservoir. The report of the Corps of Army Engineers on their survey of flood conditions on the Arkansas river below John Martin Reservoir suggests dams on seven tributaries in Colorado. These streams drain a large acreage and in flood stage contribute substantial amounts of water to the State line. If retarded or stored, some of this water might be used in Colorado. Page 4