In Re Application For Water Rights of Virginia E. Wadsworth

The proceedings involved here are under the "Water Right Determination and Administration Act of 1969." Section 37-92-101 et seq., C.R.S. 1973. The predecessors in interest to the applicants filed an application for an underground water right pursuant to section 37-92-302, C.R.S. 1973, being a proceeding for the right to withdraw, from a well, water tributary to a surface stream. Thereafter, the applicants named in the caption of this opinion succeeded to all interests of their predecessors. Later, a water referee upheld the use of the well and found that the source of its water was nontributary. Appearing by the Attorney General, the State Engineer, and a division engineer filed a protest to the referees ruling. The water judge granted a motion to dismiss on the grounds that the State Engineer had no standing to appear as a party and that such an appearance would be in conflict with his other statutory duties. We reverse.