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<br />C-3 <br /> <br />l. ,., <br />l <br /> <br />~, <br />o <br />(;, <br /> <br />The Water Court has considered through this date numerous applications <br /> <br />under the Water Right Determination and Administration Act of 1969, C.R.S. 1973, <br /> <br />(As Amended) 37-92~101, et seq., Cases totalin9 3,558 have been filed request- <br /> <br />ing adjudication for 11,996 wells. Decrees of adjudication have been entered <br /> <br />affecting 9216 wells, leaving 2,780 wells presently undecided. The location <br />of such underground sources from court records and the adjudicated flows <br /> <br />therefrom give insight into the enormity of the problems. Approximately 95% <br /> <br />of all beneficial economical crop irrigation in the San Luis Valley is <br />directly dependent upon supplemental irrigation waters from underground <br /> <br />sources, if the adjudication records, locations and uses of previously determined <br /> <br />cases are valid. The Proposed Rules and Regulations would in substance <br />dispense with'any needed further consideration of pending cases because by <br />the year 1981 there would be. a total cessation of the use of "pumped" irrigation <br />wells. The State Engineer has classified drains and other similar structures <br />obtaining underground water for beneficial use in the same category as wells <br />so they would be similarly affected without regard to priority or location. <br />The Rules and Regulations have been carefully examined with specific <br />reference to the statutes which provide for their promulgation. Such is <br />necessitated at the onset because the Court can readily perceive that the water <br />users of this division are expending horrendous sums of money in the preparation <br />'for hearings, evidentiary compilations, expert witnesses and legal expense. <br /> <br />The Court has an option to first conduct hearings and then determine the entire <br />issue, both factually and legally. On the other hand, if such Rules and <br />Regulations are so legally deficient as to obviate the necessity of such ex- <br />tended evidentiary hearings, then the Court should recognize this at an early <br />date and thereby spare the State and the Objecting water users of this division <br />this expense which no doubt will entail the expenditure of thousands of dollars. <br />