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Former Senator Fred Anderson – <br />Recognize that the senior appropriator has to <br />be protected from injury. He refer enced Morton Bittinger’s 1968 report. Senate <br />Bill 81, the water rights determination act, was introduced. He urged the Task <br />Force to look closely at the approximatel y 10 million acre-feet of water in storage <br />in the South Platte River alluvial aqui fers and recommended that the Task Force <br />work out something that recognizes this and works towards an integrated type of <br />use. When considering the economic im pact and well users, consider depletion <br />requirements to all years prio r to 1974. Recognize that there is flexibility in the <br />system. Emphasized that one thing that has not taken place in the last 40 years <br />is major reservoir construction. <br />Robert Samples <br />– Third generation water commi ssioner, 1967 to 1988. He <br />reiterated Mr. Anderson’s comments and w hat they wanted to do was impossible <br />in the 1969 Act. Experienced a drought period during 1977 at which time the <br />most senior ditches were in operation and he curtailed the senior ditches. He <br />suggested to the well owners to obtain alternat e points of diversion for their wells. <br />Suggested adding six words to the 1969 act - change the word “may” to “shall”. <br />The State Engineer Office has the authorit y to make due diligence to divert <br />water, then there is no call in winter or summer. He made reference to his June <br />29 document which he provided to the Task Force members. <br />John Akolt <br /> – Attorney representing the Farmers Irrigation and Reservoir <br />Company, predominantly a surface water right system. The group of farmers <br />served by FRICO system is one of the lar ger single blocks of agricultural systems <br />in Weld County. Well depletions have continued after pumping has ceased. <br />They will be out of priority from now through the rest of the summer as their <br />farmers are water-short and cut off their prio rity right. He wants the panel to note <br />that there is no excess water that has not already been diverted and put to <br />beneficial use in the South Platte system. They do not get the right to divert or <br />deplete out of priority. They do not support actions or management plans that <br />take water from existing seniors and give to junior priorities. The downstream <br />senior rights are the lifeblood of the S outh Platte. Return flows have to be <br />maintained and anything that interferes with return flows impacts the system <br />because they are junior. They cannot ta ke water rights away from seniors who <br />are equally dependent on the same flow. The South Platte is already sufficiently <br />allocated. The appropriati on system serves a function and serves it well. Asked <br />that the Task Force take into account t hat there is no access water in the river <br />and it will have an impact on future surface users. <br />Steven Janssen <br /> – Attorney for Henrylyn Irrigati on District. Actual water entities <br />in the business of diverting tangible natural resource that is not available, they <br />are always protecting their water right s and attempting to satisfy existing <br />demands. They are a junior/senior wa ter right and do not receive their full <br />supply, there is no ability for them to gi ve extra water to t heir neighbors. They <br />- 3 - <br />