CO Code § 37-80-102 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 80 - State Engineer|§ 37-80-102. General Duties of State Engineer - Supervision and Utilization of Employees - Satellite and Telemetry-Based Monitoring Systems

  The state engineer is the executive officer in charge of supervising the work of all division engineers and may direct their supervision of their employees. The state engineer has executive responsibility and authority with respect to:   Discharge of the obligations of the state of Colorado imposed by compact or judicial order on the office of the state engineer;    Securing and implementing legal opinions and assistance regarding the work within his or her jurisdiction;    Coordinating the work of the division of water resources with other departments of the state government, including executive departments, the general assembly, educational institutions, and also related local government authorities and municipal and quasi-municipal corporations, subject to the provisions of subsection (6) of this section;    The supervision of employees in the office of the division of water resources, together with defining their duties so that all obligations of the division of water resources will be efficiently discharged;    Construction contracts, professional and technical consultants, and other contracts related to the operation of the division of water resources;    The keeping and preparation of records and investigations as related to carrying out the functions of the division of water resources, including water well licensing;    Rule-making for the division of water resources;    General supervisory control over measurement, record keeping, and distribution of the public waters of the state;    Collection and distribution of data on snowfall and prediction of probable runoff therefrom;    The making and implementing of contracts with public and private agencies, individuals, corporations, and other entities as necessary for the operation of the division of water resources and performance of the duties of the state engineer's office;    Such other acts as may be reasonably necessary to enable the state engineer to secure the effective and efficient operation of the division of water resources, including power and authority to make and enforce rules as he or she may find necessary to effectuate the performance of his or her duties. The making of rules is not a prerequisite to control of personnel of the division of water resources or the performance of the state engineer's duties under the constitution or laws of Colorado or any compact, treaty, or judicial decree or decision that does not, by its specific terms, require implementation by rule.    Receiving and expending grants and distributions of money, property, and equipment from the Colorado water conservation board, another entity, or an individual for use in making investigations, contracting projects, or otherwise carrying out the purposes of this article 80. The grants and distributions from the Colorado water conservation board are continuously appropriated to the state engineer for the purposes set forth in this section.       The state engineer has authority to delegate to any other person the obligation to discharge one or more portions of the duties imposed upon him, but no such delegation shall relieve the state engineer of ultimate responsibility for proper and efficient conduct of his office or the duties devolving upon him. The state engineer may reassign or delegate duties and responsibilities as he may find necessary or desirable.    In addition to statutory duties devolving upon division engineers and others who are within the general supervision of the state engineer, their duties may be enlarged by the state engineer who shall collaborate with those having statutory duties so as to provide sufficient ancillary assistance to them so as to enable them to efficiently discharge their duties and obligations as state officers or employees. Insofar as reasonably possible, duties and lines of authority shall be established in written form and related to particular offices or employment.    Employees within each general classification shall be deployed by the state engineer to work in such locations and according to patterns of accomplishment to be established from time to time by the state engineer. The state engineer shall avoid unnecessary or unreasonable changes in location of the place of performance of duties of those under his authority, but, within limits of the exercise of reasonable judgment, he has full, final, and complete authority to require persons within the division of water resources, temporarily or on a basis of relative permanence, to perform their duties in those areas which the state engineer finds necessary or desirable for the most efficient or effective operation and discharge of the functions under his authority.    To such extent as is reasonably necessary to keep employees of the division of water resources abreast of developments and knowledge in the field of their duties, the state engineer has authority to make necessary arrangements for educational opportunities and experiences for the various employees in the division of water resources including himself, in order that all personnel of the division of water resources may be qualified to effectively meet their responsibilities.      The state engineer and those under his supervision shall be subject to the direction of the executive director of the department of natural resources with respect to those matters concerning the division of water resources which require coordination with other branches of the department of natural resources.    Repealed.       Under the control and direction of the state engineer, and in cooperation with the Colorado water conservation board, there shall be a water supply section, which has the duty to collect and study data and distribute such information on the water supplies, both surface and groundwater, of the state of Colorado in order to make a more efficient administration of the uses thereof. The state engineer shall employ such hydrologists and hydraulic engineers as are necessary to determine sources of water supply, forecast runoff, define characteristics and amounts of return flows, and determine diversion requirements, transmission losses, evaporation losses, historic usage, and general stream regimen.    The state engineer shall use in all his calculations, measurements, records, and reports the cubic foot per second as the unit of measurement of flowing water and the cubic foot or acre-foot as the unit of measurement of volume.    Repealed.    The state engineer is authorized to accept, operate, and house in suitable locations automated data processing equipment and programs associated with satellite or telemetry-based monitoring systems dedicated to the state of Colorado for operation and use by the Colorado state engineer. The state engineer shall use new technology that becomes available if the technology:   Can accomplish the same functions for which the state engineer uses satellite or telemetry-based monitoring systems; and    Is more cost-effective than satellite or telemetry-based monitoring systems with respect to any costs borne by:   The state engineer;    Program donors; and    Water users.            History. Source: L. 1889: P. 372, § 2. R.S. 08: § 3322. C.L. § 1804. CSA: C. 90, § 203. CRS 53: § 147-11-3. C.R.S. 1963: § 148-11-3. L. 64: P. 178, § 156. L. 69: P. 1192, § 2. L. 77: (6)(b) repealed, p. 289, § 69, effective June 29. L. 83: (9) added, p. 1405, § 1, effective June 1. L. 84: (10) added, p. 960, § 1, effective April 2; (9) repealed, p. 969, § 13, effective April 30. L. 88: (10) amended, p. 1433, § 20, effective June 11. L. 2012, 1st Ex. Sess.: IP(1) amended and (1)(l) added, (SB 12S-002), ch. 1, p. 2420, § 18, effective May 19. L. 2017: (1)(b), (1)(j), (1)(k), (1)(l), and (10) amended,(SB 17-026), ch. 47, p. 140, § 2, effective August 9. History. Source: L. 1889: P. 372, § 2. R.S. 08: § 3322. C.L. § 1804. CSA: C. 90, § 203. CRS 53: § 147-11-3. C.R.S. 1963: § 148-11-3. L. 64: P. 178, § 156. L. 69: P. 1192, § 2. L. 77: (6)(b) repealed, p. 289, § 69, effective June 29. L. 83: (9) added, p. 1405, § 1, effective June 1. L. 84: (10) added, p. 960, § 1, effective April 2; (9) repealed, p. 969, § 13, effective April 30. L. 88: (10) amended, p. 1433, § 20, effective June 11. L. 2012, 1st Ex. Sess.: IP(1) amended and (1)(l) added, (SB 12S-002), ch. 1, p. 2420, § 18, effective May 19. L. 2017: (1)(b), (1)(j), (1)(k), (1)(l), and (10) amended,(SB 17-026), ch. 47, p. 140, § 2, effective August 9.    Cross references:   For the state engineer as head of the division of water resources, see §§ 24-1-124 (3)(a) and 24-33-104 (1)(e) ; for fees collected by state engineer, see § 37-80-110 ; for compensation of state engineer, see § 37-80-113 ; for powers of the state engineer to enforce laws concerning groundwater, see § 37-90-110 ; for duty of state engineer to appoint water division engineers, see § 37-92-202 .   ANNOTATION   Law reviews. For article, ”Water for Recreation: A Plea for Recognition“, see 44 Den. L.J. 288 (1967). For article, ”The Colorado Satellite-Linked Water Resources Monitoring System“, see 14 Colo. Law. 1637 (1985).   The state engineer is expressly invested with a general supervisory control over the public waters of the state, and is required either in person or by those under his authority to do many things in connection with the streams, ditches, reservoirs, etc. Chew v. Bd. of Comm'rs, 18 Colo. App. 162, 70 P. 764 (1902).   The state engineer and those working under him act within their authority in regulating the waters stored in the reservoirs and that, whenever it is made to appear that a reservoir interferes with the use by prior appropriators of such water, their authority extends to requiring that such waters be released for application to proper beneficial use by such appropriators. Cline v. Whitten, 150 Colo. 179 , 372 P.2d 145 (1962).   When a court directed the state engineer to distribute undecreed waters from a drainage ditch, it was directing the officer to do that for which there was no authority. Fort Morgan Reservoir & Irrigation Co. v. McCune, 71 Colo. 256 , 206 P. 393 (1922).