| OCR Text |
Show COLORADO 707 The act provides for the formation of a 12-member Ground Water Commis- sion. The functions of the Commision include the determination of designated ground water basins, holding hearings to determine the extent (by geographic description) of such designated ground water basins, supervision, control, and administration of the use of designated ground water, and creation of ground water management districts.212 The State Engineer is the ex officio executive director of the Commission.213 Among other things, the act provides that permits to make withdrawals of designated ground water shall be obtained from the Ground Water Commission in the form prescribed by the Commision.214 If, after required notice, objec- tions are filed, a hearing is to be held.215 The application shall be denied if it shall appear that there are no unappropriated waters or the proposed appropri- ation would unreasonably impair existing water rights or would create unrea- sonable waste: In ascertaining whether a proposed use will create unreasonable waste or unreasonably affect the rights of other appropriators, the commission shall take into consideration the area, and geologic conditions, the average annual yield and recharge rate of the appro- priate water supply, the priority and quantity of existing claims of all persons to use the water, the proposed method of use, and all other matters appropriate to such questions. With regard to whether a proposed use will impair uses under existing water rights, impairment shall include the unreasonable lowering of the water level, or the unreasonable deterioration of water quality, beyond reasonable economic limits of withdrawal or use.216 2I2Colo. Rev. Stat. Ann. §§ 148-18-1 to 148-18-36 (Supp. 1965) and subsequent amendments. 213Id. § 148-18-3(6). As amended by Laws, 1971, ch. 367, § 3, p. 1312, this subsection provides that the Commission may delegate to the executive director the authority to perform any of the Commission's functions under this act, subject to appeal to the Commission, except (1) determination of a designated ground water basin, (2) establishment of priority of claims for appropriation, and (3) creation of ground water management districts. Colo. Rev. Stat. Ann. § 148-18-9 (Supp. 1965) grants certain specific powers to the State Engineer. Appeals from decisions or actions of the State Engineer or the Commission may be taken to the appropriate district court. Id. § 148-18-14. 214Colo. Rev. Stat. Ann. § 148-18-6 (Supp. 1965), amended in some other respects by Colo. Laws 1971, ch. 367, § 5, p. 1313. In contrast, there is no general permit system with respect to surface watercourses and tributary ground waters, although permits are required to construct wells for domestic and for other limited uses of tributary ground water, as discussed in note 193 supra. * 215 If no objections are filed, and if the Commission finds it will not unreasonably impair existing water rights or create unreasonable waste, the State Engineer shall issue a conditional permit as described below in instances where objections are filed. Colo. Rev. Stat. Ann. § 148-18-6(3) (Supp. 1965). 2i6Id. § 148-18-6(5). (Footnote continued) |
