8 
Bulletin 67. 
Prior to the year 1879, ^ ie system of dividing the water 
of running streams among the different ditches entitled thereto, 
was extremely crude. There had been no provision made to de¬ 
termine judicially or otherwise, except in the discretion of the 
commissioners, to how much water each ditch was entitled. 
LEGISLATION NOW IN FORCE. 
In 1879 th e present Colorado system of adjudicating pri¬ 
orities and providing for the enforcement thereof, had its incep¬ 
tion. It was attempted in that year, by the second general as¬ 
sembly, to provide a system of procedure to adjudicate priorities, 
but that part of the act of 1879 was found defective, and 
amended in 1881. In the act of 1879 ten irrigation districts 
were created, and it was provided that others might be created 
by the Governor, on petition of parties interested. Subsequent 
legislation has created new districts so there are now 69. The 
sixteenth section of the act provided for the appointment of one 
commissioner for each district, and the method of his appoint¬ 
ment. 
WATER COMMISSIONERS. 
POWERS AND DUTIES UNDER THE STATUTES. 
The 18th section of the act of 1879 (Section 2384 of Mills 
Annotated Statutes) defined the duties of the water commissioner 
as follows: 
“It shall be the duty of said water commissioner to divide the 
water in the natural stream or streams of their districts among the 
several ditches taking water from the same, according to the prior 
rights of eac*h respectively; in whole or in part to shut and fasten, 
or cause to he shut and fastened, by order given to any sworn as¬ 
sistant, sheriff or constable of the county in which the head of such 
ditch is situated, the head gates of any ditch or ditches heading in 
any of the natural streams of the district, which in a time of scarcity 
of water, shall not he entitled to water by reason of the priority of the 
rights of others below them on the same stream.” 
In 1887, Superintendents of Irrigation were provided for 
and their duties prescribed. The 5th section of the act (Sec. 2451, 
M A. S.), reads as follows: 
“Each water commissioner shall report immediately to the super¬ 
intendent of irrigation of his division, when he is called out. and when 
he ceases to be needed, and shall, during the continuance of his duties, 
be under the control of the superintendent of irrigation of his division.” 
The 8th section of the same act (Sec. 2454, M. A. S.), reads 
as follows: 
