Show JUSTICE WOLFE DISSENTS UPON STREAM RIGHTS Opinion May Be Made B Basis sis of Rehearing Arguments An opinion dissenting from the supreme court majority opinion holding that district courts rather rather than the state engineer held jurisdiction jurisdiction jurisdiction juris juris- diction over applications for change in water diversion points on streams was filed Thursday by Justice James H. H Wolfe Volf The majority opinion was handed down July 8 in effect overthrowing a n practice of 33 years years' standing by holding this juri jurisdiction rested with the district courts The majority opinion ruled against the Rocky Ford Canal company and the Willow Willow Wil Wil- low lowi Bend Irrigation company concerning concerning concerning con con- changes hanges of diversion points on the Sevier river Thursday the supreme court gave the companies until August 20 to tofile tofile tome file me application for a rehearing of the case and Justice Wolfes Wolfe's opinion opinion opinion ion was seen as the basis for their arguments Justice Wolfe held that the majority majority majority ma ma- opinion f fell ll into fundamental error in failing to distinguish between between be be- tween jurisdiction in determining existing rights and granting of new rights He cited action of the legislature legislature legis legis- lature in giving this jurisdiction to the state engineer The majority opinion was based on article 8 section section section sec sec- tion 7 1 of the state constitution which vests general gene jurisdiction in civil matters in the district courts Justice Wolfes Wolfe's opinion holds that water vater rights constitute administrative tive Live matters not judicial matters and thus come under the jurisdiction of t the e. e engineer The role of the courts l. l he points out Is to take jurisdiction jurisdiction jurisdiction juris juris- diction after appeal from irom the engIneers engIneer's engineers engineer's engi engI- neer's fleer's decision He wrote that if section 1 1 were considered to apply there would be nothing to prevent a citizen from sidestepping any authority authority authority au au- au- au such as the tax commission industrial commission or public service service ser ser- vice commission and going directly to the courts |