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Show 452 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES Code systems. Brief discussions of these systems are included immediately below. While the early Colorado system influenced the later adoption of variations such as the Wyoming, Oregon, and Bien Code systems, it was not adopted in any other Western State. A discussion of the States that have followed or have provisions that are more or less similar to the Wyoming, Oregon, or Bein Code systems is included at the end of the discussions of each of these systems. The statutory adjudication proceedings and other statutory procedures in Colorado, Wyoming, Oregon, and North Dakota (which closely followed the Bien Code system), are discussed in more detail later under "Statutory Adjudication Procedures in Selected States." Discussions of the statutory adjudication procedures in each of the 19 Western States are included later in the appendix. The Colorado System "The Colorado system for the adjudication of water rights * * * is note- worthy as the first important attempt made by any State legislature to provide a special proceeding for the determination of controversies over water rights."38 Prior to 1969, jurisdiction of all questions concerning the determination of water rights was vested in the district court of the proper county.39 One who claimed a water right in a water district in which rights had not been adjudicated could petition the court for an original adjudication.40 All claimants were given notice to appear and make proof of their claims, and to resist other claims if they wished to do so. The court commanded the State Engineer to certify a complete list of filings in his office of appropriations in good standing; called upon the water commissioner or irrigation division engineer for information concerning diversion and storage structures; and sent to all persons on each list a copy of notice of the pending proceeding.41 A referee could be appointed if necessary.42 Based on the evidence, a decree was issued by the court determining and establishing the several priorities of right.43 Appeal could be taken to the State supreme court.44 Supplemental adjudications (that is, adjudications subsequent to the original adjudication) were initiated and conducted in much the same manner as an original adjudication.45 38 Long, J. R., "A Treatise on the Law of Irrigation" 193 (1902). The earliest statutory provisions in Colorado were enacted in 1879 and 1881. Colo. Laws 1879, p. 94, Laws 1881, p. 142. Regarding earlier legislation in Hawaii, see note 9 supra. 39 Colo. Rev. Stat. Ann. § 148-9-2 (1963). 40Id. § 148-9-3. AlId. § 148-9-5. 42Id. § 148-9-4. 43Id. §§ 148-9-11 to 148-9-14. 44 Id. § 148-9-21. 45Id. § 148-9-7. |