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<br />riln4~r <br /> <br />~.,e ~,~",\Ci'~~ <br />:.' .... - '. -. "j ,. ';.!. <br />i~ . <br />(',;:,,: ") <br />C.i.ll ;'. i:.'."!..': <br />CO~S[;:~:'~'! 1~II!',!l <br /> <br />PhilDsophy of <br />Optional Ground Water System <br />for Colorado <br /> <br />Water users, both surface and ground water, shall have the right <br /> <br />or option to elect to bring an entire existing irrigation division (Division 2, <br /> <br />for instances, would be the Arkansas River and its tributaries) under the <br /> <br />terms of this Act. <br /> <br />1. Procedure. <br /> <br />a. Definition - Water user means a registered owner of any <br /> <br />well or holder of any decree to surface rights. In the case of incorporated <br /> <br />ditches the certificate of tile ditch company holding the decree certifying as <br /> <br />to who were users under tile system during the past year shall control. Users <br /> <br />under small joint-owned surface ditches can be established by the affidavit of <br /> <br />anyone of the users. In the case there are several users of ground water <br /> <br />irom one well or system of wells, the affidavit of the party in whose name the <br /> <br />well is registered shall be prima facie correct as to who are the USers. Un- <br /> <br />registered wells and undecreed surface filings in use can be determined by <br /> <br />affidavit of the user. <br /> <br />b. Petitions can be circulated within the Division signed by not <br /> <br />less than 250/0 of all water users in the Division, which petitions could be <br /> <br />lodged in a District Court of any county in the Division to create a surface- <br /> <br />ground water area comprising an entire division. The same procedure <br /> <br />could be utUized as has been utilized on water conservancy districts; that <br /> <br />is, a petition could be fUed with the Court; whereupon, notice is given for <br /> <br />specified numbered days and bond posted to pay all costs. Objectors could <br /> <br />protest the organization of the area by filing counter-petitions signed by 20')'0. <br /> <br />Provisions could be set up for a hearing with a chance to challenge the <br /> <br />validity of any signer or whether or not he is, in fact, a water user etc; <br />