(1)The
state engineer or the division engineers shall issue to the owners or users of water
rights and to the users of waters of the state such orders as are necessary to
implement the provisions of section 37-92-501, including, but not limited to, the
orders specified in subsections (2) to (7) of this section. If such orders are given
orally, they shall be confirmed promptly in writing.
(2)(a) Each division engineer shall order the total or partial discontinuance of
any diversion in his division to the extent that the water being diverted is not
necessary for application to a beneficial use; and he shall also order the total or
partial discontinuance of any diversion in his division to the extent that the water
being diverted is required by persons entitled to use water under
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(1) The
state engineer or the division engineers shall issue to the owners or users of water
rights and to the users of waters of the state such orders as are necessary to
implement the provisions of section 37-92-501, including, but not limited to, the
orders specified in subsections (2) to (7) of this section. If such orders are given
orally, they shall be confirmed promptly in writing.
(2) (a) Each division engineer shall order the total or partial discontinuance of
any diversion in his division to the extent that the water being diverted is not
necessary for application to a beneficial use; and he shall also order the total or
partial discontinuance of any diversion in his division to the extent that the water
being diverted is required by persons entitled to use water under water rights
having senior priorities, but no such discontinuance shall be ordered unless the
diversion is causing or will cause material injury to such water rights having senior
priorities. In making his decision as to the discontinuance of a diversion to satisfy
senior priorities, the division engineer shall be governed by the following: The
materiality of injury depends on all factors which will determine in each case the
amount of water such discontinuance will make available to such senior priorities at
the time and place of their need. Such factors include the current and prospective
volumes of water in and tributary to the stream from which the diversion is being
made; distance and type of stream bed between the diversion points; the various
velocities of this water, both surface and underground; the probable duration of the
available flow; and the predictable return flow to the affected stream. Each
diversion shall be evaluated and administered on the basis of the circumstances
relating to it and in accordance with provisions of this article and the court decrees
adjudicating and confirming water rights. In the event that a discontinuance has
been ordered pursuant to the provisions of this paragraph (a), and nevertheless
such discontinuance does not cause water to become available to such senior
priorities at the time and place of their need, then such discontinuance order shall
be rescinded. If a well has been approved as an alternate means of diversion for a
water right for which a surface means of diversion is decreed, such well and such
surface means must be utilized to the extent feasible and permissible under this
article to satisfy said water right before diversions under junior water rights are
ordered discontinued. In addition to any other methods of giving notice, the posting
of a written order, in plain sight, at the place of diversion shall be considered
sufficient notice of the order of the division engineer; and, when so posted, such
order shall be effective from the time of posting.
(b) If any groundwater was exposed to the atmosphere in connection with
the extraction of sand and gravel by open mining as defined in section 34-32-103
(9), C.R.S., prior to January 1, 1981, the division engineer shall not order the
curtailment of diversions which were attributable solely to evaporation from such
exposed groundwater.
(c) Upon a claim made to the state engineer for administration pursuant to
section 37-92-102 (3)(b), the state engineer shall confirm the extent of the claimed
unadjudicated use or exchange of water being made pursuant to appropriation or
practices in existence on the date of appropriation of an instream flow water right.
The state engineer's confirmation is reviewable by the water court on a de novo
basis. Nothing in this subsection (2)(c) requires or prohibits a water user from
seeking water court confirmation or adjudication of the preexisting uses or
exchanges.
(3) Each division engineer shall order the release from storage of any water
he finds to have been illegally or improperly stored and shall make such orders as
are necessary to ensure that such released waters are delivered to those owners or
users of water rights who are entitled to the same and to ensure that the release
will not cause damage.
(4) Each division engineer with the approval of the state engineer shall
administer the movement of water involved in any plan for augmentation or water
use project which is in effect in his division. If any such plan or project involves the
movement of water from one division to another, then the administration of such
movement shall be the direct responsibility of the state engineer, but he may act
through the appropriate division engineers. In such administration the division
engineers and the state engineer shall issue such orders as are necessary and
appropriate and may utilize any funds, public or private, and any other resources
made available to them. Each plan for augmentation shall be administered to
accomplish the maximum economic use of and benefit from the water which may be
available or developed for such administration if persons owning, or entitled to use
water under, water rights or conditional water rights will not be injuriously affected
thereby.
(5) (a) The state engineer and the division engineers have authority to order
any owner or user of a water right to install and maintain at such owner's or user's
expense necessary meters, gauges, or other measuring devices and to report at
reasonable times to the appropriate division engineer the readings of such meters,
gauges, or other measuring devices.
(b) The state engineer and the division engineers have authority to order any
person or company supplying energy used to pump groundwater to provide, at
reasonable times to the appropriate division engineer, records of energy used to
pump groundwater. Nothing contained in this paragraph (b) shall affect any
reporting requirements of the public utilities commission pursuant to section 40-3-110, C.R.S.
(c) Repealed.
(6) The state engineer and the division engineers and their duly authorized
assistants and staff have the authority and duty to enter upon, and to order any
person to permit the entry upon, private property at any reasonable time to inspect
the various means or proposed means of diversion, transportation, and storage and
the uses to which water is being, or is proposed to be, put and to read meters,
gauges, and other measuring devices.
(7) The state engineer, division engineer, and their duly authorized assistants
have the power and duty to issue orders so that the streams of the state may be
kept clear of unnecessary dams or other obstructions which may restrict or impede
the flow of water to the water users of the state.