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WSP11850
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Last modified
1/26/2010 3:19:05 PM
Creation date
10/12/2006 5:13:49 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8510.100.40
Description
Rio Grande Compact Commission
Basin
Rio Grande
Water Division
3
Date
5/1/1974
Title
San Luis Valley Water Problems: A Legal Perspective - Part II of II
Water Supply Pro - Doc Type
Report/Study
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<br />C-ll <br /> <br />(Yj <br />.-l <br />l!? <br />~ planning as based upon available supplies and water users are entitled to <br />C:::F <br />c~ know how the administration of such waters is to be made. Water users must by <br />necessity be able to rely upon certain projected deliveries in order to adjust <br />their crops needs accordingly and cannot blindly plant without knowing <br />with reasonable certainty that a harvest is expected. The Proposed Rules and <br /> <br />Regulations give no such assurance. <br /> <br />The Rules and Regulations must, therefore, be remanded to the State <br />Engineer for the purpose of separating the Rules and Regulations into <br /> <br />separate bodies of rules and regulations lawfully adopted pursuant to and <br /> <br />in conformance with the authority of the two different statutes as afore- <br />mentioned. <br /> <br />IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the Rules and <br /> <br />Regulations as tendered for approval are remanded to the State Engineer for <br />the purpose of separating the Rules and Regulations into separate bodies of <br />rules and regulations as previously mentioned. The Court does not by this <br />opinion infer that rules and regulations need be adopted for purposes of <br />compact compliance but is only saying that if such are so adopted then such <br />regulations should be separate from the rules and regulations as authorized <br /> <br />under the provisions of C.R.S. 1973, 37-92-501 and 502 and should be in con- <br />formity with the statute so authorizing the same. <br />IT IS FURTHER ORDERED that the Rules and Regulations in their present <br /> <br />form and content are disapproved and such shall not become effective until <br />proper and lawful rules and regulations have been adopted in conformance with <br />the applicable statutes and approved by this Court. <br />DONE AND SIGNED in open Court this 23rd day of June A.D., 1976. <br /> <br />BY THE COURT <br /> <br />Donald G. Smith, Water Judge <br />Hater Division 3 <br />
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