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<br />Smith ruled as a matter of law that the State Engineer had violated Colorado <br />.) law in promulgating the rules and regulations pertaining to Colorado's <br />obligation under the Rio Grande River Compact. 7 The motion for a new <br />trial was deined on March 10, 1977. SUbsequently, the Attorney General <br />has filed an appeal to this ruling. In the meantime, his office is con- <br />tinuing to regulate the water in the Valley under the concept of "historic <br /> <br />/, <br />, <br /> <br />...-j <br />'<::t' <br />~ <br />....., <br />o <br />c; <br /> <br />5 <br /> <br />Association, the Conejos Water Conservancy District, and the Rio Grande <br />Water Conservancy District.5 (See Operating Criteria, Appendix A) <br />By 1975 the State Engineer felt that it was becoming increasingly diffi- <br />cult to arrive at a suitable agreement given all of the divergent and <br />conflicting interests in the San Luis Valley, so he issued rules and <br />regulations dated August 21, 1975 governing water diversion and water <br />pumping from wells, which he lodged with the water court for the Third <br />Water District in Alamosa, Colorado, having an effective date of January 1, <br /> <br />1976. (See Appendix B) <br /> <br />Pursuant to Section 37-92-304 CRS 1973, 75 separate protests were filed <br /> <br />with at least 19 attorneys or law firms being involved in the controversy <br /> <br /> <br />at one time or another.6 In his order dated June 23, 1976, Judge Donald <br /> <br />, <br /> <br />/, <br /> <br />use. II <br /> <br />At the same time, the State Engineer obtained a cease and desist order <br /> <br /> <br />to reduce the diversion of Mogote Ditch in order to supply water to partially <br /> <br />fulfill Colorado's delivery commitments under the Rio Grande River Compact. <br /> <br />5The Valley Courier, Vol. 47, No. 34, February 18, 1975, Col. 1 <br /> <br />6In the Matter of the Rules and.Requlations of the State Engineer for <br />the Rio Grande and Conejos River Basins and Their Tributaries, Water Court, <br />Third Division, Case No. W-3466. <br /> <br />7See the full text of Judge Smith's Order found in Appendix C. <br />