| OCR Text |
Show COLORADO 171 The 1969 act implemented its policy in several different ways. It made clear that, with certain exemptions,178 water rights for wells would have to be adjudicated in order to be given priority as of their actual dates of initiation and provided a grace period within which unadjudicated wells might be given such a priority date.179 The act also enabled a surface appropriator to secure the right to have a well so situated as to draw water from the same stream sys- tem made an alternate point of diversion to the surface right,180 and required the use of such an approved alternate point of diversion, where it exists, before diversions under junior rights might be or- dered discontinued to make water available to its owner.181 A 1971 amendment to the act authorized the State engineer to promulgate separate rules and regulations of wells in different water divisions, stream basins, and different aquifers having separate and different hydraulic characteristics.182 The State engineer has promulgated rules and regulations for the use of wells diverting water tributary to both the Arkansas and South Platte Eivers. The Colorado Su- preme Court has upheld the rules and regulations for the South Platte Basin in the case of Kuiper v. Well Owners Conservation As- sociation.183 4.2 Nontributary Ground Water The Colorado Ground Water Management Act184 makes all "desig- nated ground waters" in the State subject to appropriation as modi- fied by the act and in the manner defined in the act.185 Designated ground water generally is nontributary ground water188 within the geographic boundaries of a ground water basin "designated" by the State ground water commission after certain procedures and upon the basis of certain criteria listed in the act. From time to time, as adequate factual data become available and after publication of notice and hearings, the Commission determines designated ground water basins after making findings on the names and boundaries of aquifers within a basin, the estimated quantity of water stored in each aquifer, the estimated annual rate of recharge, the estimated use of ground water in the area, and the number of users withdrawing water during the 5 year period preceding the determination.187 After designation of a ground water basin, any person desiring to appro- priate ground water therein must apply to the Commission for a permit to do so.188 If the Commission finds that there are no un- appropriated waters in the designated source, or that the proposed 178 Colo. Rev. Stat. Ann., sec. 148-21-45 (supp. 1969), as amended. 179 Colo. Rev. Stat. Ann., sec. 148-21-22, as amended (supp. 1971). See note 54. 180 Colo. Rev. Stat. Ann., sec. 148-21-17(3) (b) (supp. 1969). 181 Colo. Rev. Stat. Ann., sec. 148-21-35(2) (supp. 1969). 183 Colo. Rev. Stat. Ann., sec. 148-21-34 (supp. 1969), as amended (supp. 1971). 183 490 P. 2d 268 (Colo. 1971). is* Colo. Rev. Stat. Ann., sees. 148-18-1 to 148-18-41 (supp. 1965), as amended (supp. 1971). i85 The doctrine of appropriation has been modified with respect to waters governed by it to permit the full economic development of water resources. Colo. Rev. Stat. Ann., sec. 148-18-1 (supp. 1965). 1Be The act defines designated ground water as "that ground water which in its natural course would not be available to and required for the fullflllment of decreed surface rights, or ground water in areas not adjacent to a continuously flowing natural stream wherein ground water withdrawals have constituted the principal water usage for at least 15 years preceding the date of the first hearing on the proposed designation of the basin; and which in both cases is within the geographic boundaries of a designated ground water basin." Colo. Rev. Stat. Ann., sec. 148-18-2(3). 187 Colo. Rev. Stat. Ann., sec. 148-18-5 (supp. 1965), as amended (supp. 1971). 188 Colo. Rev. Stat. Ann., sec. 148-18-6 (supp. 1971). |
