37-92-601. Disposition of pending proceedings - showings of reasonable diligence.
Statute text
All proceedings pending on June 7, 1969, for the adjudication of water rights, for a change of water rights, or for the disposition of other matters which are of the type to be handled by proceedings provided for in this article shall be concluded by June 1, 1972, in accordance with the provisions of the statute under which they are instituted, and priorities and changes of water rights which are determined in such pending proceedings shall be integrated by the various division engineers in their current records and shall be included in tabulations prepared by the division engineers pursuant to the provisions of this article. Any such proceedings which are not concluded by June 1, 1972, shall be heard from that time on to completion by the water judge for the division in which the proceedings are pending, under procedures provided for in this article; except that the chief justice of the supreme court may provide that a judge, other than the water judge, shall complete proceedings in specific cases. Persons who have filed statements of claim in such pending proceedings may withdraw therefrom at any time and file applications or otherwise proceed in accordance with this article. Showings of reasonable diligence under existing conditional decrees or conditional decrees entered in such pending proceedings shall be made in accordance with the provisions of this article, but the time shall be tolled during any period in which the water judge finds the applicant was prevented from filing by reason of conditions beyond his control. Applications for findings of reasonable diligence shall be filed with the water clerk pursuant to the terms of this article. When and if a conditional water right awarded in any such conditional decree becomes a water right pursuant to the procedures in this article, the priority awarded such water right shall be the same as if the proceedings in which the conditional decree was entered had remained open until the final determination with respect to such water right.
History
Source: L. 69: p. 1218, 1. C.R.S. 1963: 148-21-44. L. 70: p. 433, 5. L. 71: p. 1339, 1. L. 73: p. 1523, 3. L. 90: Entire section amended, p. 1626, 3, effective April 13.
Annotations
Cross references: For making application for the determination of a water right, see 37-92-302 (1).
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Oil Shale and Water Quality: The Colorado Prospectus Under Federal, State, and International Law", see 58 Den. L.J. 715 (1981). For comment, "Town of De Beque v. Enewold: Conditional Water Rights and Statutory Water Law", see 58 Den. L.J. 837 (1981).
The 1969 act provides that pending adjudications under the 1943 act shall be completed under the provisions of that act until a designated time. Larrick v. District Court, 177 Colo. 237, 493 P.2d 647 (1972).
The clear implication from this section is that supplemental adjudications initiated under the 1943 act and completed before July 1, 1972, would continue to be governed by the 1943 act, provided a claimant did not elect to proceed under the 1969 act, for such a construction is the only reasonable one that can be assigned this section. In re Water Dist. No. 11, Water Div. No. 2, 178 Colo. 160, 496 P.2d 311 (1972).
Owner or user of conditional decree of water rights must comply with 37-92-301(4) and this section and the failure to do so results in the loss of his conditional water rights. Town of De Beque v. Enewold, 199 Colo. 110, 606 P.2d 48 (1980).
Applied in In re Water Rights in Water Dist. No. 19, 194 Colo. 510, 574 P.2d 83 (1978); In re Simineo v. Kelling, 199 Colo. 225, 607 P.2d 1289 (1980).