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<br />iJ(}H~'! <br /> <br />whereupon, an order of Court would be entered either creating the District <br /> <br />or dismissing it. If the order is ente,'ed creating the area of the Division, <br /> <br />then all water users, both surface and ground water, would be bOl1nd by <br /> <br />this Act. <br />c. In lieu of petitions one could provide in tbe Act for an election; <br /> <br />whereupon, each water user would vote. This may be quicker and less <br /> <br />expe os ive. <br /> <br />2. Provisions Governing Systems Establ1shed. <br /> <br />a. All ground waters within the Division are declared to be the <br /> <br />property of the people of the State of Colorado and subject to appropriatlOn <br /> <br />on the terms and conditions hereinafter contained. <br /> <br /> <br />(1) Existing ground water uses shall be protected as to <br /> <br /> <br />their priority date, whether decreed or undecreed, if reduced to a decree <br /> <br /> <br />as hereinafter provided. <br /> <br />(2) All water, surface and ground, is presuLoed to constitl1te <br /> <br />one common source of supply of the aivision and systerr., and the principle <br /> <br />of "first in time is first in right" shall apply regardless of whether the <br /> <br />waters used are surface or ground waters, save and except as hereinafter <br /> <br />provided. <br /> <br />(3) All wells not holding decreed rights at the time of the <br /> <br />effective date of establishment of the system in the division and all surface <br /> <br />water filings not decreed at such time must each be reduced to a decreed <br /> <br /> <br />right within years from the date of the adoption of this system or be <br /> <br /> <br />deemed abandoned. Thereafter, application to drill new wells and application <br /> <br /> <br />for surface diversions may be made as hereinafter provided. <br /> <br /> <br />(a) All existing procedures for the establishment of <br /> <br /> <br />surface rights as now provided by law shall be applicable to the establishment <br /> <br />-2- <br />