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Show SPECIAL STATUTORY ADJUDICATION PROCEDURES 453 A noteworthy and distinctive feature of the Colorado system of adjudicat- ing water rights was that it was a judicial proceeding from start to finish. The only duty required of the State water administrative organization was to send to the court officially known names of claimants and owners of structures. The administrators did not participate in the proceedings at any time in any respect. This feature was distinctive in that, despite its pioneering in this field, the Colorado statutory system for determining and establishing water rights without State administrative participation was not adopted in any other Western State. With the enactment of the Water Right Determination and Administrative Act of 1969, the Colorado system of determining water rights continues as a judicial proceeding but with variations in such proceedings and associated provisions. Jurisdiction to determine water matters arising in each water division is vested exclusively in the district courts collectively acting through the water judge in that division.46 Any person desiring, among other things, a determination of a water right shall file a verified application with the water clerk, setting forth facts in support of the application.47 Following the publication of notice48 and investigation by the referee,49 a ruling is made by the referee, subject to review by the water judge.s0 Rulings of the referee which are protested within a specified time shall be confirmed, modified, reversed, or reversed and remanded by the water judge. Rulings of the referee which have not been protested shall be confirmed in the judgment and decree of the water judge, except that the water judge may reverse or reverse and remand any such ruling which he deems contrary to law.51 After the hearings on all matters have been concluded, the water judge shall enter a judgment and decree52 subject to appellate review except for those decrees which confirm a ruling with respect to which no protest was filed.53 This procedure is augmented by statutory proceedings in which the division engineer in each division, with the approval of the State Engineer, provides the water clerk in his division with tabulations of all decreed water rights and conditional water rights in the division, in order of seniority.54 Following required publication and notice of the tabulations, opportunity is provided for filing protests within a specified time. After the division engineer makes such revisions as he deems proper, further opportunity is provided for filing protests, whereupon the water judge shall hold a hearing and enter a judgment and decree which shall either incorporate the tabulation of the division 46Colo. Rev. Stat. Ann. § 148-21-10(1) (Supp. 1969). 47Id. § 148-21-18(1). 48Id. § 148-21-18(3). *9Id. § 148-21-18(4). S0Id. § 148-21-19(1). 51 Id. § 148-21-20(5). S2Id. § 148-21-20(7). S3Id. § 148-21-20(9). 54/tf. § § 148-21-27 (l)(a) and (4), 148-21-28(1) and (2)(d). |
