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Show COLORADO 705 make application in writing to the state engineer for permission to do so and the application be approved. * * * [Section 147-19-10] is the only section in which the legislation has authorized participation by the state engineer in its administration. * * * * * ? * * * * [T] he obvious intent is that nothing be done in respect to waste from existing wells. Thus, nontributary ground waters were not subject to the doctrine of appro- priation under the 1957 act. The act served to impose reasonable use facilities in order to prevent waste. The 1957 act was repealed in 1965.209 Ground Water Management Act of 1965 The passage of the Colorado Ground Water Management Act in 1965 made a significant change in Colorado water law. The act provides for appropriation of "designated ground waters." It is hereby declared that the traditional policy of the state of Colorado regulating the water resources of the state to be devoted to beneficial use in reasonable amounts through appropriation is affirmed with respect to the designated ground waters of this state, as said waters are hereinafter defined. While the doctrine of prior appropriation is recognized, such doctrine should be modified to permit the full economic development of designated ground water resources. Prior appropriations of ground water should be pro- tected and reasonable ground water pumping levels maintained, but not to include the maintenance of historical water levels. All desig- nated ground waters in this state are therefore declared to be sub- ject to appropriation in the manner defined in this article.121°1 209Colo. Laws 1965, ch. 319, § 1, p. 1246. 2I0Colo. Rev. Stat. Ann. § 148-18-1 (Supp. 1965). After quoting the second and third sentences of this statutory provision, the Colorado Supreme Court said in a recent case: "Underground water basins require management that is different from the management of surface streams and under- ground waters tributary to such streams. In the case of the latter waters, seasonal regulation of diversion by junior appropriators can effectively protect the interests of more senior appropriators and no long range harm can come of over appropriations since the streams are subject to seasonal recharge. The underground water dealt with by 148-18-1 is not subject to the same ready replenishment enjoyed by surface streams and tributary ground water. It is possible for water to be withdrawn from the acquifer in a rate in excess of the annual recharge creating what is called a mining condition. Unless the rate of pumping is regulated, mining must ultimately result in lowering the water balance below a level from which water may be economically withdrawn. Due to the slow rate at which underground waters flow through and into the acquifer, it may be many years before a reasonable water level may be restored to a mined acquifer. "It is clear that the policies of protecting senior appropriators and maintaining reasonable ground water pumping levels set forth by the underground water act require management which takes into account the long range effects of intermittent pumping in the acquifer. In this case all of the experts testifying before the commission and the |