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<br />".;>-".,r~,-" <br /> <br />30 <br /> <br /><.0 <br />(Q <br />oqi. <br />?~ 3. Storage in post-compact reservoirs and diversions of water decreed <br />o <br />':'J for beneficial use for less than the entire year are orohibited during <br /> <br />the months of January, February, March, November and December (110). <br /> <br />4. The 10,000 acre foot credit contained in Article III of the Rio <br /> <br />Grande River Compact was to be allocated to each river system on the same <br /> <br />percentage as each river system's delivery requirement determined by <br /> <br />Article III bore to Colorado's total commitment (lIE). <br /> <br />5. Except for certain uses such as stock or domestic use, pumping <br /> <br />would be limited to five days a week during 1976 and thereafter reduced <br />one day per week for each year until 1981 when all pumping would be cur- <br />tailed. Drains and other similar structures were to be treated as wells <br /> <br />for the purposes of the rules and regulations (IIIC). <br /> <br />6. Pumping from the wells would not be curtailed if the wells were <br /> <br />operating pursuant to a decreed plan of augmentation, or to a decree as <br /> <br /> <br />an alternative point of diversion, or as a decreed changed point of diver- <br /> <br />sion. Also, pumping could continue if the well could stand upon its own <br /> <br /> <br />priority date or drew water that was not in the unconsolidated alluvial <br /> <br />aquifer to sand, gravel and other sedimentary materials or was not hydro- <br /> <br />logically connected thereto (1110). <br />As previously stated, 75 separate protests were filed against the <br />proposed rules and regulations. Upon request of the Judge, briefs, dis- <br />cussing points of law, were submitted. A hearing was set for May 28, 1976 <br />to permit the State Engineer to discuss the submitted exhibits. This <br />hearing was cancelled by the Judge. But on June 23, 1976, without holding <br />a hearing to discuss any of the factual disputes in the matter, Judge <br />Donald Smith issued an order which dealt only with the legal issues in- <br /> <br />volved in the State Engineer's proposed rules and regulstions. The order <br />