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Show COLORADO 161 factoring purposes."62 The courts have held that the preference is not self-executing, but must be exercized by condemnation and the payment of compensation by the preferred user-condemnor to the condemnee whose right, though not preferred, may nevertheless be senior in priority.68 2.3 Other Agencies Having Water Resource Responsibilities a. Colorado Water Pollution Control Commission The Water Pollution Control Commission has authority to adopt and promulgate water quality standards under the Colorado Water Pol- lution Control Act of 1966.64 The commission administers water pol- lution prevention, abatement, and control and through the attorney general enforces the Pollution Control Act in the courts.65 b. Colorado Water Conservation Board The Colorado Water Conservation Board was created in 1937 with the powers to: (1) Foster, encourage, and assist in the financing of various types of districts, mutual companies, and other agencies created under Federal and State laws; (2) to cooperate with the Federal Government and others in the formulation of plans and the gathering of information regarding plans and projects; (3) to sub- mit drafts of proposed Federal and State legislation; (4) to in- vestigate plans and activities of the Federal Government and other States which might affect interstate waters of Colorado; (5) to con- fer and appear before appropriate agencies, courts, et cetera, to pro- tect Colorado's interests in interstate waters in Colorado; (6) to ac- quire real property for flood prevention of flood control with respect to federally authorized projects, et cetera; (7) to promote conserva- tion of water in the State in order to secure the greatest utilization of such water; and (8) to contract for the construction of conserva- tion projects both within and outside the State and perfect water rights in the name of the Department of Natural Resources.66 The board makes continuing studies of the water resources of the State, including present and potential uses, and has authority to conduct State water planning under the Federal Water Resources Planning Act.67 c. Colorado Ground Water Commission The Ground Water Commission was created in 1965 by the Ground Water Management Act.68 The commission consists of 12 members, nine of whom are appointed by the Governor and confirmed by the State senate. In addition to the appointed members, the Executive Director of the Department of Natural Resources, the State engineer, and the director of the Colorado Water Conservation Board are voting members.69 The commission adjudicates water rights and 82 Colo, const., art. XVI, sec. 6. esMontrose Canal Co. v. Loutsenhiser Ditch Co., 23 Colo. 233, 48 Pac. 532 (1896) ; Town of Sterling v. Pawnee Ditch Ext. Co., 42 Colo. 421, 94 Pac. 339 (1908). 84 Colo. Rev. Stat. Ann., sec. 66-28-8 et seq. (supp. 1967). 85 Colo. Rev. Stat. Ann., sees. 66-28-8, 66-28-10 (supp. 1967). e6Colo. Rev. Stat. Ann., sees. 149-1-11, 149-1-14, 149-1-15 (1963 and supp. 1971). 87 Public Law 89-80, July 22, 1965, 79 Stat. 244, 42 U.S.C. 1962. 88Colo. Rev. Stat. Ann., sees. 148-18-1 to 38 (supp. 1965), as amended (supp. 1967, 1969, 1971). 89Colo. Rev. Stat. Ann., sec. 148-18-3(1), (4) (supp. 1971). |
