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Show 480 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES judicial proceeding but with variations in such proceedings and associated administrative provisions.214 For purposes of determining, tabulating, and administering water rights, the Colorado Legislature abolished the previously existing 70 water districts215 and replaced them with seven water divisions that generally follow major watershed boundaries.216 Jurisdication over "water matters" arising in each water division is vested exclusively in the district courts acting collectively through the water judge in that division.217 "Water matters" include only such matters as the 1969 act or any other law shall specify to be heard by such water judges.218 Any person219 desiring, among other things, a determination of a water right or a conditional water right220 and the amount and priority thereof, shall file a verified application with the water clerk, setting forth facts in support of the application.221 Following the publication of notice222 and investigation by Engineers), and 13 (Water Districts) (1963), and 14 (Special Jurisdication of Courts), 15 (Water Commissioners), and 19 (Limitation of Actions-Decrees) (1963, as amended), and § § 148-2-8,148-3-12,148-11-10, 148-11-12,148-11-17 and 148-11-18 (1963), 148-2-7 and 148-11-22(3) (Supp. 1965), and 148-2-9 to 148-2-12 (Supp. 1967). With respect to the disposition of proceedings pending on June 7, 1969, the effective date of the act, see Colo. Rev. Stat. Ann. § 148-21-44 (Supp. 1969). 214 In addition to other features discussed below, the 1969 act included a number of provisions for integrating the determination of rights in surface and physically con- nected ground waters, as discussed in chapter 20. See Colo. Rev. Stat. Ann. § § 148-21-2 (1), 148-21-3 (3), (4), and (8), 148-21-17 to 148-21-20 and 148-21-34 (Supp. 1969). 21sColo. Laws 1969, ch. 373, §20(1). "'Their areas are specified in Colo. Rev. Stat. Ann. § 148-21-8 (Supp. 1969). These divisions are geographically similar to the previously existing divisions under the 1943 act, which were primarily used for administrative purposes. The former divisions and districts are referred to at note 183 supra. 217Colo. Rev. Stat. Ann. § 148-21-10(1) (Supp. 1969). The "water judge" shall be a judge of the district courts in the manner provided in § 148-21-10(2). "The services of the water judge shall be in addition to his regular duties as a district judge but shall take priority over such regular duties." Id. 21*Id. § 148-21-10(1). 219 Person is defined as "an individual, a partnership, a corporation, a municipality, the state of Colorado, the United States of America, or any other legal entity, public or private." Id. § 148-21-3(2). 120 A conditional water right is defined as "a right to perfect a water right with a certain priority upon the completion with reasonable diligence of the appropriation upon which such water right is based." Id. § 148-21-3(9). Conditional water rights are discussed at the end of chapter 8, and conditional decrees under the 1919 legislation are discussed at notes 177-181 supra. "'Colo. Rev. Stat. Ann. § 148-21-18(1) (Supp. 1969). 222 Id. § 148-21-18(3). Under this provision, each month the water clerk prepares a resume of all applications filed in his office during the preceding month. This resume is pub- lished in newspapers having general circulation in each county in the division and a copy of the resume is mailed to each person who the referee has reason to believe might be affected or who has requested a copy of the resume. A 1971 amendment to |
