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Show 158 COLORADO In 1969, the general assembly authorized the very substantial un- dertaking of tabulating lists of priority in numbered sequence for all decreed rights taking water from the same or a common source of supply.27 The existing 70 irrigation district subdivisions were abolished and the present seven water divisions were created. A "common source" was defined as including "all of those waters in a water division, either surface or underground, which if left in their natural state would join together to form a single natural watercourse prior to exit from the water division." 28 The division engineer of each division was directed not later than October 10,1973, to prepare for administrative purposes a tabulation of all decreed water rights and conditional rights m his division in order of seniority, setting forth the priority and amount for each right as established by court decrees.29 Provision was made for publi- cation and mailing of the tabulations for each division, as well as for filing objections to the manner in which a water right is listed in a tabulation, and for necessary or advisable revisions of the tabulations. These tabulations, prepared for administrative purposes,30 were to serve as the basis for preparation of another set of tabulations to be completed by July 1, 1974, and for successive revisions of the tabu- lations in each even-numbered year after 1974.81 The 1974 and suc- ceeding tabulations are to be filed in court for adjudication by the water judge for each division.32 After adjudication, during which opportunities are to be afforded "any person who wishes" to protest either omissions from the tabulation or the manner of inclusion of water rights therein,33 the water judge for each division is directed to enter a judgment and decree either incorporating the tabulation of the division engineer as filed, or incorporating the tabulation with such modifications as the water judge may determine proper.34 Ap- pellate review of the judgment and decree may be had as in other civil actions.35 In preparing the 1974 and successive tabulations, division engineers are directed to include priorities awarded subsequent to those listed in the preceding tabulations, to incorporate any changes of water rights that have been approved, to note any changes from conditional water right to water right, to modify any water rights which the division engineer determines to have been abandoned in part, and to omit any water rights which the division engineer determines to have been totally abandoned.36 Nonuse of a water right for 10 years or more, "when needed by the person entitled to use same," creates a rebuttable presumption of abandonment.37 Division engineers are to prepare separate priority lists as necessary so that only those "water rights taking water from the same source and which are in a position to affect one another will be on the same priority list.38 Adjudication "Colo. Rev. Stat. Ann., sec. 148-21-27 (supp. 1969). as Colo. Rev. Stat. Ann., sec. 148-21-27(1) (b) (1) (supp. 1969). 29 Colo. Rev. Stat. Ann., sec. 148-21-27(1) (a) (supp. 1969). so Colo. Rev. Stat. Ann., sec. 148-21-27(5) (supp. 1969). a1 Colo. Rev. Stat. Ann., sees. 148-21-28(1), (2) (supp. 1969). 32 Colo. Rev. Stat. Ann., sec. 148-21-28(2) (supp. 1969). as Colo. Rev. Stat. Ann., sec. 148-21-28(2)(d) (supp. 1969). »* Colo. Rev. Stat. Ann., sec. 148-21-28(2)(e), (f) (supp. 1969). 85 Colo. Rev. Stat. Ann., sec. 148-21-28(2)(h) (supp. 1969). a» Colo. Rev. Stat. Ann., sec. 148-21-28(1) (supp. 1969). srcolo. Rev. Stat. Ann., sec. 148-21-28(2) (j) (supp. 1969). «8 Colo. Rev. Stat. Ann., sec. 148-21-28(1) (supp. 1969). |
