OCR Text |
Show SPECIAL STATUTORY ADJUDICATION PROCEDURES 485 The 1974 tabulation shall reflect any changes in the 1970 tabulation245 deemed advisable246 to reflect correctly the priority of water rights, and the 1974 tabulation and succeeding tabulations shall include the priorities awarded subsequent to those listed in the preceding tabulation, shall incorporate any changes of water rights that have been approved, shall note any changes from conditional water right to water right, shall modify any water rights or conditional water rights which the division engineer determines to have been abandoned in part, and shall omit any water rights or conditional water rights which the division engineer determines have been totally abandoned. Except as specified in the preceding sentence, each tabulation pursuant to this section shall make no changes in the listings in previous tabulations except changes to correct clerical errors and changes ordered by the water judge pursuant to subsection (2)(j) of this section * * *.247 Following required publication and notice of the tabulations,248 oppor- tunity is provided for filing protests within a specified time, whereupon the division engineer shall consult with the State Engineer and make such revisions as the latter determines to be necessary or advisable. The tabulation shall then be filed with the water clerk.249 Further opportunity is provided for filing protests, whereupon the water judge shall hold hearings and enter a judgment and decree which shall either incorporate the tabulation of the division engineer or incorporate it with such modification as the water judge may determine proper after the hearings.250 If no protests are filed, the water judge shall enter a judgment and decree incorporating and confirming the tabulations of the division engineer without modification.251 (The proceedings set forth in 245See note 239 supra regarding the extension of time for completion of the 1970 tabulation until 1973. 246Such changes shall be based on the principles set forth in Colo. Rev. Stat. Ann. § 148-21-27 (Supp. 1969), quoted at note 240 supra. 247Colo. Rev. Stat. Ann. § 148-21-28(1) (Supp. 1969). See the end of note 251 infra, regarding clerical errors and substantive changes under subsection (2)0). Regarding the statutory definition of, and other provisions relating to, abandonment, see chapter 14 at notes 167-170. 248Colo. Rev. Stat. Ann. § 148-21-28(2)(b) (Supp. 1969). The tabulation is published in newspapers having general circulation in each county in the division and a copy of the tabulation is mailed to each person whose name is on the list specified in § 148-21-18(3). 349Id. § § 148-21-28(2)(b), (c) and (d). 2S0Id. § § 148-21-28(2)(e) and (f). 551 Id. § 148-21-28(2)(g). The described procedures apply to tabulations to be made by July 1, 1974, and thereafter. Similar procedures are provided for the original tabulations to be made in 1970 [and completed in 1973 (see note 239 supra)}, although it is provided that if objections are filed after such original tabulations are filed with the water clerk, "the water judge shall order such notice, conduct such proceedings and enter such orders as |