Gardner V. Colorado

This appeal raises the question whether the Water Right Determination and Administration Act of 1969 (Water Right Act), section 37-92-101 et seq., C.R.S. 1973, permits the water judge, in connection with an application for a determination of abandonment filed under section 37-92-302(1)(a), C.R.S. 1973, to enter a decree that certain water rights of unknown persons have been abandoned, when the only notice of the application is its inclusion in the monthly resume published by the water clerk under section 37-92-302(3)(b), C.R.S. 1973 (1979 Supp.). The water judge determined that subsection (1)(a) of section 37-92-302, C.R.S. 1973, did not include within the resume-notice procedures an application for a determination of abandonment, and he dismissed the application. We affirm.