Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters under their jurisdiction to encourage and develop augmentation plans and voluntary exchanges of water and may make such rules and regulations and shall take such other reasonable action as may be necessary in order to allow continuance of existing uses and to assure maximum beneficial utilization of the waters of this state. In so doing, the state engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.
Source: L. 77: Entire section added, p. 1704, § 5, effective June 19.
ANNOTATION
Law reviews. For article, "Recent Developments in Colorado Groundwater Law", see 58 Den. L.J. 801 (1981). For article, "The Physical Solution in Western Water Law", see 57 U. Colo. L. Rev. 445 (1986). For article, "Water Banking: A New Tool For Water Management", see 23 Colo. Law. 595 (1994).
Approval by water courts required. This section does not delegate to the state engineer independent authority to approve out-of-priority diversions and the replacement water used in augmentation plans. Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003).