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<br />xii <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Adjudication Act and will force the recognition of some <br />riparian surface water rights if upheld by the Texas Supreme <br />Court. <br /> <br />o Sporhase et al vs. Nebraska ex rel Douglas, Attorney General. <br />This litigation is described in the preface and the decision <br />included in its entirety as Appendix A. <br /> <br />o El Paso v. New Mexico. <br />No deci sion had been rendered by the federal judge in <br />Albuquerque on thi s suit at thi s wri ti ng. But, 1 i ke the one <br />above, El Paso is challenging the State of New Mexico's right to <br />prohibit the movement of ground water outside the state. The <br />decision by the Supreme Court in the Nebraska. suit may well <br />preclude the judge's ruling in this case, or at a minimum pro- <br />vide a precedent that cannot be ignored. <br /> <br />The process is continuing constantly molding water law and institutions <br />to address new demands. This framework review and assessment was carried out <br />to determine how the institutions could adapt to five strategies identified <br />as a portion of the Six State High Plains-Ogallala Aquifer Study to assist <br />in maintaining the viabil ity of the Region which appears to be so dependent <br />on the aquifer. <br /> <br />The approach used was to assume the state and local entities would adapt <br />to the maximum extent feasible to implement the strategies and that generally <br />the smallest unit of government that could implement the strategies would be <br />the most appropriate. It is bel ieved that with this approach the most "true <br />to life" assessment would be achieved, since legislatures on the whole do not <br />seem disposed to entirely abolish one agency and create an entirely new one <br />to accompl ish its purposes, despite the fact that that precise situation <br />seems to have already been described in this report. In fact, the changes in <br />the law to create the Kansas Water Office from the Kansas Water Resources <br />Board (KWRB), which is described in detail later, were largely superficial <br />insofar as the authority of the new agency, vis-a-vis the KWRB. <br />