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Show 160 COLORADO tional water right, may at any time file an application with the water clerk.47 Others may file statements of opposition.48 The appli- cation is referred to the referee who, after publication and investi- gation, may either rule on it or refer it back to the water judge.49 If the referee rules on the matter, the water judge thereafter may hear protests of the ruling and may confirm, modify, reverse, or reverse and remand the ruling. If the referee does not rule on the matter, but instead refers it back to the water judge, the water judge decides it.50 Appellate review of judgments and decrees of the water judge is provided for.51 Priorities awarded under procedures established in the 1969 act are junior to all priorities awarded in decrees entered prior to June 7, 1969, the effective date of the Act.52 Priority dates awarded for applications filed in each division during each calendar year are junior to all rights awarded in the division in any previous calendar year.53 An exception to the foregoing two rules was made for wells for which priorities had not been established or sought but for which an application was filed with the water clerk on or before July 1, 1972.54 The 1969 adjudication procedure is applicable to new appropria- tions of all waters of the State except water in certain designated ground water basins.55 In addition, stock watering, domestic, and certain other wells not exceeding 15 gallons per minute may, but are not required to be adjudicated.56 The 1969 act places jurisdiction of all "water matters" exclusively in the water judges. "Water matters," in addition to adjudication of claims, include all matters involving beneficial application of water or priorities of appropriation,57 enforcement of orders of the State engineer or division engineers,68 and validity of rules and regulations of the State engineer.59 Other matters, such as one af- fecting the manner in which irrigation water is allowed to run off the land60 or a suit to enjoin use of water of a designated ground water basin-which is outside the purview of the 1969 act and is administered by the Colorado Ground Water Commission-may be brought in a State district court having ordinary civil jurisdiction.61 b. Preferences The Colorado constitution provides that whenever the waters of any natural stream are not sufficient, "those using the waters for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural pur- poses shall have preference over those using the same for manu- «Colo. Rev. Stat. Ann., sec. 148-21-18(1), as amended (supp. 1971). «Colo. Rev. Stat. Ann., sec. 148-21-18(1), as amended (supp. 1971). *BColo. Rev. Stat. Ann., sec. 148-21-19, as amended (supp. 1971). 50 Colo. Rev. Stat. Ann., sec. 148-21-20(3), as amended (supp. 1971). 61 Colo. Rev. Stat. Ann., sec. 148-21-20(9) (supp. 1969). BaColo. Rev. Stat. Ann., sec. 148-21-22(1), as amended (supp. 1971). ™Id. 5* Id. See note 179 and accompanying text. BB Colo. Rev. Stat. Ann., sec. 148-21-45, as amended (supp. 1972). 68 Id. Davis v. Gonour, 497 F. 2d 1015 (Colo. 1972). w Baumgartner v. Stremel, 496 F. 2d 705 (Colo. 1972). escolo. Rev. Stat. Ann., sec. 148-21-36 (supp. 1969). BBKuiper v. Owners Conservation Ass'n, 490 P. 2d (Colo. 1971). 60 Baumgartner v. Stremel, 496 P. 2d 705 (Colo. 1972). KLarrick v. District Ot., 493 P. 2d 647 (Colo. 1972). |
