| OCR Text |
Show 156 COLORADO constitutional expressions of the appropriation doctrine have been supplemented by legislative declaration that all waters of the State have always been and are the property of the public, dedicated to the use of the people, subject to appropriation and use in accord- ance with law.4 2. State Organizational Structure for Water Administration and Control Eesponsibility for water administration and control in Colorado is divided between the State engineer, who is the executive officer of the division of water resources of the State department of natural resources,8 and the judiciary, specifically, one district court judge designated a water judge for each of the seven water divisions of the State established by law.6 The State engineer has exclusive juris- diction to administer, distribute, and regulate the waters of the State.7 The water judges, on the other hand, have exclusive jurisdic- tion over "water matters" in the State district courts within their respective divisions.8 "Water matters" are those matters which are specified by statute to be heard by the water judges. They include determinations of amounts and priorities on applications for new water rights and conditional water rights, and determinations of rights with respect to proposed changes of water rights, plans for augmentation, and biennial findings of diligence in the perfection of conditional rights.9 2.1 Administration of Water Rights The State engineer is charged with the administration and dis- tribution of the waters of the State.10 As chief of the division of water resources, he is responsible to the executive director of the department of natural resources.11 He has general supervisory control over measurement, recordkeeping, and distribution of the public waters of the State.12 As noted in connection with the territorial jurisdiction of water judges, the State has been divided into seven water divisions. The divisions correspond roughly with the major drainage basins of the State.13 A division engineer is appointed by the State engineer for each division.14 The actual administration and distribution of water is conducted through the offices of the division engineer.15 Each division is subdivided into field offices headed by water commissioners who are members of the division engineer's staff. Unlike State engineers in so-called "permit" States, the Colorado State engineer does not grant or deny applications to appropriate *Colo. Rev. Stat. Ann., sec. 148-21-2 (Supp. 1969). "Colo. Rev. Stat. Ann., sec. 148-11-3 (supp. 1969). «Colo. Rev. Stat. Ann., sec. 148-21-10 (supp. 1969). »Colo. Rev. Stat. Ann., sec. 148-21-34 (supp. 1969). 8 Colo. Rev. Stat. Ann., sec. 148-21-10 (supp. 1969). »Colo. Rev. Stat. Ann., sec. 148-21-18 (supp. 1969). "Colo. Rev. Stat. Ann., sees. 148-21-17, 34 (supp. 1969). "Colo. Rev. Stat. Ann., sec. 148-11-3(6) (supp. 1969). "Colo. Rev. Stat. Ann., sec. 148-11-3(1) (1) (supp. 1969). "Colo. Rev. Stat. Ann., sec. 148-21-8 (supp. 1969). "Colo. Rev. Stat. Ann., sec. 148-21-9 (supp. 1969). «Colo. Rev. Stat. Ann., sec. 148-21-17 (supp. 1969). |
