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<br />- ,-~~-,;:;.~)'-';- <br /> <br />28 <br /> <br />"d" <br />cJ:> <br />"d'i <br />T..j <br /><:;;> <br />(.~ <br /> <br />government. The state engineer has to consider water rights existing at <br />that time in dividing Colorado's portion of water in the Rio Grande. All <br />water rights acquired after that date are limited to nonallocated flows of <br /> <br />the river in Colorado. <br /> <br />In addition to problems associated with surface diversions and meeting <br />compact requirements, another problem emerged with the proliferation of <br />wells in the valley. Water is pumped from at least three identifiable <br />ground water sources. A hydrologic divide north of the Rio Grande forms <br /> <br />a closed basin so that water in an unconfined aquifer does not return to <br /> <br />the river system. . There is also another shallow unconfined aquifer through- <br />out the Valley that is hydraulically connected to the surface streams. <br /> <br />And finally there is a deep confined aquifer. It is alleged that water <br /> <br />users who are irrigating in the closed basin areas and withdrawing from the <br />unconfined aquifer are causing the water table within the Conejos River <br />portion of the valley to be lowered. This is a point of real controversy <br />and it contributed to the issuing of rules and regulations by the State <br />Engineer and to the 1 itigation subsequently di scussed. <br />To meet the compact requirements as agreed in the 1967 stipulation, <br />until 1974, each year the State Engineer negotiated with local interests <br />in the Valley to establish operating criteria for administering surface <br />and groundwaters of the Rio Grande and Conejos Rivers.31 The meetings <br />in the early 1970s began to involve opposition by certain Valley residents <br />to the Closed Basin Project.32 Finally on December 4, 1973, in order to <br />assist the discussion of the problem in the Valley the State Engineer held <br /> <br />31See Appendix A for the Operating Criteria established for 1974. <br /> <br />32Interview with Mr. Clarence Kuiper, State Engineer for Colorado, on <br />December 21, 1976, in Denver, Colorado. <br />