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<br />SOUTHEASTERN COLORADO <br />WATER CONSERVANCY DISTRICT <br /> <br />EXCERPTS FROM <br />COLORADO REVISED STATUTES 1963 <br /> <br />148-12.5. DIVISION ENGINEER - DUTIES. - (1) The <br />duties of the irrigation division engineer shall be as <br />follows, He sholl be governed by 011 laws relative to <br />irrigation division engineers and shall have general <br />control over the water commissioners of the several <br />districts within his division. Under the general super- <br />vision of the stote engineer, he shall execute the laws <br />of. the state relative to the distribution of water, in <br />accordance with the right of priority of appropriation <br />as established by judicial decrees. In the distribution <br />of water, he shall be governed by the regulations of <br />this chapter, and laws that are now in force, but for <br />the better discharge of his duties, he shall have the <br />authority to make such other regulations to secure the <br />equal and fair distribution of water, in accordance <br />with the rights of priority of appropriation, as, in <br />his judgment, may be needed in his division. Such <br />regulations shall not be in violation of any part of <br />this chapter, or other laws of the state, but sholl be <br />merely supplementary to and necessary to enforce <br />the provisions of the general laws and amendments <br />thereto. <br /> <br />(2) Any person, ditch company, or ditch owner, <br />who may deem himself injured or discriminated <br />against by any such order or regulation of such <br />irrigation division engineer sholl have the right to <br />appeal from the same to the state engineer. by filing <br />with the state engineer 0 copy of the order or regu- <br />lation complained of, and a statement of the manner <br />in which the same injuriously affects the petitioner's <br />interest. The state engineer, after due notice, shall <br />hear whatever testimony may be brought forward <br />by the petitioner, either orally or by way of affi- <br />davits, and through the irrigation division engineer <br />sholl hove power to suspend, amend or confirm the <br />order complained of. <br />(3) He shall have the right to call out any water <br />commissioner of any water district within his divis- <br />ion, at any time he may deem it necessary, and he <br />shall have the power to perform the regular duties <br />of water commissioner in all districts within his <br />division. <br /> <br />(4) Each irrigation division engineer shall devote <br />his entire time to the work of his office and in stream <br />measurement, ditch and conal rating, examination <br />of ditches and reservoirs, collection of information re- <br />lating to the supply and use of water, proper preser- <br />vation and indexing of data and records and any <br />other duties which may be of him required by law <br />or directed by the state engineer, or which will tend <br />to facilitate and improve the di&tribution and use of <br />water within his division. He shall require the water <br />commissioners to make annual reports as required <br /> <br />o <br />, ") <br />N <br />'::J <br />~ <br />CO <br /> <br />by law on or before the 15th day of November of <br />each year. <br />(5) All records and data collected by the irrigation <br />division engineer sholl be the property of the state <br />of Colorado and shall be open to public examination <br />and use during 011 business hours, except when the <br />division engineer is necessarily absent as provided <br />in section 148-12.4, and it shall be unlawful for any <br />division engineer to engage in any other business or <br />private engineering practice, and he sholl not hold <br />or perform the duties of any other office. <br /> <br />148.12-6. CERTIFIED COPIES OF DECREES FUR- <br />NISHED ENGINEER. - The clerk of any court in this <br />state issuing judicial decrees fixing the priorities of <br />appropriation of water for irrigation and other bene- <br />ficial purposes in any of such divisions, within ten <br />days after such decrees have been entered, shall <br />forward by registered mail one certified copy of said <br />decree to the state engineer, and one certified copy to <br />the irrigation division engineer having jurisdiction <br />over the water district in which said decree shall hove <br />been entered. Immediately upon receipt of said certi- <br />fied copies of such decrees, both the state engineer <br />and said division engineers shall promptly file and <br />preserve the same among the official records in the <br />office of each of said officials and such division and <br />state engineers shall make a tabulated statement of <br />such decrees, in uniform books to be prepared for <br />such purpose by the state engineer. <br /> <br />148-12-8. REPORT OF WATER COMMISSIONERS. <br />It shall be the duty of each irrigation division engi- <br />neer to prepare and tabulate the reports of the water <br />commissioners in his division. These reports sholl <br />contain a list of all ditches and canals diverting water <br />from the natural streams in the district, showing the <br />amount of water actually diverted for each and <br />every day by each canal or ditch and the total num- <br />ber of acres actually irrigated under each such ditch <br />or canal. The reports shall also contain a statement of <br />the amount of water stored in each reservoir, the <br />amount used therefrom, with the dotes of such stor- <br />age and use. The report shall contain a written state- <br />ment of the official acts of the commissioners and <br />such other data or information as may be required <br />by the state engineer. Such reports shall be on blanks <br />or in books, prepared for that purpose and furnished <br />by the state engineer and shall be duly subscribed <br />end sworn to by the water commissioners and filed <br />with the irrigation division engineer on or before the <br />15th day of November of each year. <br /> <br />148-12-10. COMMISSIONERS TO REPORT TO EN- <br />GINEERS. - (1) (a) All water commissioners shall make <br />reports to the irrigation division engineers of their <br />division os often as may be deemed necessary by <br />said irrigation division engineers. 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