Laserfiche WebLink
<br />." <br /> <br />Chapter 8 <br /> <br />Development of the Amended 1996 <br />Rules and Regulations <br />Governing the Diversion and Use <br />of Tributary Ground Water <br />in the Arkansas River Basin <br /> <br />Status of Proceedings Before the Division 2 Water Court <br /> <br />As stated in the original report, the State Engineer adopted amended rules and <br />regulations (1996 Use Rules) on September 29, 1995 and filed with the Water Court pursuant <br />to statutory procedures. Persons objecting to those rules had until November 30, 1995, to <br />file protests. Of the approximate 2,500 well owners in the basin subject to the rules, only <br />a handful filed protests. Many of the .protestants" actually filed pleadings stating support <br />for the new rules. <br /> <br />Trial on protests to the rules is set for two weeks beginning March 18, 1996. Weekly <br />telephone status conferences are held by Water Judge John E. AnderSon, ill, to discuss <br />issues which arise and allow the judge to make timely rulings as needed. <br /> <br />Discovery is proceeding. All first round written discovery requests were submitted <br />by all parties on January 29, 1996, and responses to those requests were served by February <br />9: The State Engineer filed a Motion for Partial Summary Judgment and Ruling on <br />Questions of Law to address legal issues raised in the protests. A briefing schedule has been <br />set, with oral argument on pre-trial motions scheduled for March 1, 1996. <br /> <br />Related Provisions of Senate Bill 96-124 <br /> <br />As stated previously in this report, the Colorado legislature has passed, and the <br />Governor will sign, Senate Bill 96-124 (see Chapter 2 for highlights, Appendix A for the bill <br />and a copy of a letter from Governor Roy Romer to Hal Simpson stating the Governor's <br />intent to sign this bill). This bill authorizes the Water Judges to impose fines not to exceed <br />$500 per day for individuals who violate the State Engineer's rules and regulations. Chapter <br />2 provides further details of the bill. <br /> <br />18 <br />