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ADMINISTRATION PROTOCOL <br />Diverting Tributary Water & Calling for Water <br />Water Division 1 <br />This document provides a protocol that must be followed in order for the Water Commissioner in <br />each Water District within Water Division 1 to respond to a Call for water and to maximize the <br />beneficial use of tributary water. <br />The Call is a construct of the state engineer to administer water rights. A Call communicates <br />the demand on the natural stream flow and, in essence, contains the information required to <br />prompt the "total or partial discontinuance" of diversions of natural stream flow required by water <br />rights with more senior priorities. §37-92-502(2)(a)' <br />The Division Engineer has delegated authority to the Water Commissioners to administer the <br />distribution of water from the South Platte River and all tributaries in accordance with the Prior <br />Appropriation Doctrine, which means water rights that were first in time, have first right to divert. <br />Diversions must be beneficially used for the decreed use and must not be wasted. Calls for <br />water that, in the opinion of the Water Commissioner or Division Engineer, would not <br />beneficially use the water or would otherwise constitute a waste of water will not be recognized. <br />All diversion structures associated with surface water rights, including wells that are decreed as <br />alternate points of diversion, are under the sole, direct control of the division engineer, §37-84- <br />116, C.R.S.2 Water rights owners may only open their diversion structure as instructed to do so <br />by the water commissioner and, similarly, must increase or reduce diversions when directed to <br />do so. Ditch owners must communicate their intentions to modify their diversion structure, to <br />reduce or increase the amount of water diverted and obtain prior approval from the Water <br />Commissioner to prevent the water from being wasted or being inadvertently delivered to a <br />junior water right when a senior water right could have otherwise used the water. The diversion <br />structures must be under the direct control of the Division Engineer so that the Water <br />Commissioner can administer the river in such a way that beneficial use of water is maximized <br />within the priority system without waste or injury to other water rights. <br />In order to distribute water in such a way to maximize the beneficial use of available tributary <br />water without waste or injury, water users must provide advance notice to the Water <br />Commissioner before diverting water or modifying their diversion amount. Advance notice is <br />typically 24 hours, or as required by the Water Commissioner for the water district the diversion <br />is located based on the request. Frequent communication, as required by each Water <br />1 "Each division engineer shall order the total or partial discontinuance ... of any diversion in his division to the <br />extent that the water being diverted is required by persons entitled to use water under water rights having senior <br />priorities..." §37-92-502(2)(a) <br />z "All headgates, measuring weirs, flumes, and devices used in connection with canals, flumes, and ditches or <br />reservoirs for the measuring and delivering of waters therefrom and thereto shall be under the supervision and <br />control at all times of the state engineer and the division engineer of the water division wherein such ... devices are <br />located." §37-84-116, C.R.S. <br />Administration Protocol - Calling for Water (Water Division 1) <br />December 27, 2007, amended November 28, 2018 <br />