Davis v. Conour

This is an original proceeding under C.A.R. 21 in which we issued a rule for the water judge of Water Division No. 3 of the State to show cause. The question involved is whether the water judges of the State had jurisdiction to adjudicate the priority of small water wells under 1969 Perm. Supp., C.R.S. 1963, 148-21-45 prior to its amendment in 1972. In a carefully worded opinion, which obviously was the product of comprehensive study, the water judge concluded that he did not have such jurisdiction. He therefore dismissed the applications under which such adjudication was sought. We interpret…