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Show 470 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES order the agency to furnish the data necessary to determine the rights involved.155 In such a private action, all claimants may be made parties;156 or they must be made parties.157 Moreover, in some States, such as North Dakota, whose statutory adjudication procedures are more or less similar to the Bien Code, the Attorney General must intervene on behalf of the State if, in the judgment of the State agency, the public interest requires such action.158 Statutory Adjudication Procedures in Selected States Following are discussions of the statutory adjudication proceedings and other statutory adjudication procedures in four selected States-Colorado, Wyoming, Oregon, and North Dakota. These represent, respectively, each of the four systems listed earlier as subtopics under "Some Principal Variations in Statutory Adjudication Proceedings." The statutory adjudication procedures in each of the 19 Western States are included later in the appendix. Colorado "The Colorado system for the adjudication of water rights * * * is noteworthy as the first important attempt made by any state legislature to provide a special proceeding for the determination of controversies over water rights."159 As indicated earlier,160 adjudication and supervision over diversion and distribution have gone hand in hand in Colorado since 1879 and 1881. Yet, unlike most Western States, State administrative control over the appropriation of stream water, such as through the issuance of permits, has never been provided. Following are some of the principal facets of the historical development of the statutory adjudication procedures in Colorado. The described early procedures have been superseded by the 1969 and subsequent legislation discussed later. However, substantial portions of the basic features formulated 15sOkla. Stat. Ann. tit. 82 § 13 (1970). lS6ld. 157N. Dak. Cent. Code Ann. § 61-03-17 (1960), discussed at note 323 infra; Nev. Rev. Stat. § 533.240(1) (Supp. 1967); N. Mex. Stat. Ann. § 754-6 (1968); S. Dak. Comp. Laws Ann. § 46-10-3 (1967). Sec also Oreg. Rev. Stat. § 541.310 (Supp. 1969), which provides that when the State is a party to a suit for the determination of water rights, all claimants must be made parties. 158N. Dak. Cent. Code Ann. § 61-03-16 (1960), discussed at note 322 infra; N. Mex. Stat. Ann. § 75-4-4 (1968); S. Dak. Comp. Laws Ann. § 46-10-7 (1967); Okla. Stat. Ann. tit. 82, § 4(1970). IS9 Long, J. R., "A Treatise on the Law of Irrigation" 193 (1902). 60 See note 9 supra. |