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Show COLORADO 157 water, although a permit is required to construct a well for the ap- propriation of ground water.16 In Colorado, the rights of appropria- tors are determined in judicial proceedings in the district courts pre- sided over by the water judges. The State engineer and division en- gineers administer and distribute water to water rights holders in accordance with court adjudicated decrees for certain amounts of water and priorities in time for each right.17 Administration, distri- bution, and regulation of the use of water, both surface and under- ground, is accomplished through the promulgation of rules and regu- lations and through the issuance of orders to individual owners and users of water rights.18 For example, division engineers must order discontinuance of any diversion of water not necessary for beneficial use 19 or of any diversion of water causing material injury to water rights having senior priorities.20 They must also order the release from storage of water illegally or improperly stored.21 They ad- minister the movement of water involved in a plan of augmentation or a water use project.22 They may order the installation and main- tenance of meters, gages, and other measuring devices23 and may issue orders so that streams may be kept clear of unnecessary dams and obstructions that may impede the flow of water to water users.24 The State engineer and division engineers may enforce their orders by applying through the attorney general to the division water judge for injunctions.26 In addition, injured persons may recover triple damages suffered by reason of the violation of an order of State and division engineers.26 Among the more important duties of the State and division engi- neers is the tabulation of decreed water rights. Before 1969, no sys- tem had been devised to keep statewide or division records of all the decreed priorities drawing water from the same or common sources of supply. Until 1969, the State was divided into 70 irrigation dis- tricts. There were separate adjudications of water rights in each district. Though a water use adjudicated in one district might affect the source of supply in other districts, there was no systematic effect to integrate the ever-growing lists of decreed priorities for separate districts, even within the same river drainage system. Adjudications occurred sporadically. Decrees were usually, though not always, filed in the office of the State engineer in Denver. In the best of circum- stances it was necessary to review all the adjudication and transfer decrees for a given district in order to ascertain the relative priority and rank of any given water right. Sometimes records of other districts, court records, or records of county clerks and recorders had to be consulted as well. Many decreed rights had been abandoned or had gone so long unused as to leave doubt as to their continuing validity. "Colo. Rev. Stat. Ann., see. 148-18-36 (1963 and supp. 1965). "Colo. Rev. Stat. Ann., sec. 148-21-17(3) (supp. 1969). 18 Colo. Rev. Stat. Ann., sees. 148-21-34, 148-21-35 (supp. 1969). MColo. Rev. Stat. Ann. sec. 148-21-35(2) (supp. 1969). 110 Colo. Rev. Stat. Ann. see. 148-21-35(2) (supp. 1969). 21 Colo. Rev. Stat. Ann. sec. 148-21-35(3) (supp. 1969). 88 Colo. Rev. Stat. Ann., sec. 148-21-35(4) (supp. 1969). MColo. Rev. Stat. Ann., sec. 148-21-35(5) (supp. 1969). «*Colo. Rev. Stat. Ann., Sees. 148-21-35(6) and (7) (supp. 1969, 1971). 25 Colo. Rev. Stat. Ann., sec. 148-21-36 (supp. 1969). *»Colo. Rev. Stat. Ann., sec. 148-21-37 (supp. 1969). |