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<br />. <br />. <br />. <br />. <br />e: <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />e. <br />. <br />. <br />. <br />. <br />e <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />Kansas, on the other hand, is urging the Special Master to fInd that between 1997 and 1999 <br />Colorado failed to replace depletions to usable state line flows in the amount of! ,809 acre-feet. Kansas <br />is urging the Special Master to permit numerous changes to the HI Model, the effect of which will be to <br />increase the computed depletions to usable state line flows caused by post-Compact well pumping. <br />Kansas is also seeking to have the HI Model used to determine depletions on an annual basis, and is <br />seeking a substantial increase in the amount of water required to be delivered into the Offset Account, a <br />claim vigorously contested by Colorado. Finally, Kansas seeks the appointment of a Federal River Master <br />to administer and implement the decree of the Special Master. <br /> <br />The Special Master is expected to issue his report on this last phase of the trial by September <br />2003. Ifhe adopts the recommendations of Colorado, then there should not be a material increase in the <br />computed depletions to usable state line flows from post-Compact well pumping. In the alternative, if the <br />Special Master adopts Kansas;' analysis, then there may be a material increase in the computed depletions <br />to usable state line flows from Colorado's post-Compact well pumping. This" in turn, would require either <br />further reductions in well pumping in Colorado or additional augmentation of post-Compact well depletions. <br /> <br />Under either scenario, the need for augmentation water to replace depletions from post-Compact <br />pumping in Water District No. 67 will not be reduced. So long as ground water continues to be used as <br />a source of supply for irrigation in Water District No. 67, there will continue to be a market for <br />augmentation water supplies. <br /> <br />B. LA WMA's Augmentation Water Supply <br /> <br />The requirement of full curtailment of all unaugmented wells contained in the Amended Rules has <br />spurred substantial demand for both temporary and permanent augmentation water along the entire length <br />of the Arkansas River in Colorado. Several private water-user organizations have acquired and continue <br />to acquire additional water to replace depletions to the flows of the Arkansas River caused by all well <br />pumping. F or the area within the Southeastern Colorado Water Conservancy District ("SECWCD"), the <br />water users have purchased return flows from Fryingpan-Arkansas Project Water, and have leased other <br />reusable supplies from the Cities of Colorado Springs and Pueblo. Below John Martin Dam, only the Fort <br />Lyon Canal, that part of the Keesee Ditch lands in Bent County, and the City of Lamar are within the <br />SECWCD and eligible to use Fryingpan-Arkansas Project return flows. Otherwise, it is not possible to <br />acquire return flows from the Fryingpan-Arkansas Project for use below John Martin Dam. Thus, in Water <br />DistrictNo. 67, LA WMA is providing the bulk of the augmentation water using other sources of supply. <br /> <br />LA WMA is anon-profIt corporation that was formed to replace the depletions from its members' <br />well pumping. LA WMA's primary service area is the Arkansas River Basin downstream from John Martin <br />Dam, although a few of its members operate wells located upstream from the dam and in the Big Sandy <br />Creek drainage. LA WMAhas approximately 213 shareholders who own or operate 533 wells or nearly <br />ninety-fIve percent (95%) ofall main-stem pumping in Water District No. 67. LA WMA'sRule 14 Plan <br />(See Amended Ru1es, Appendix C) replacement requirements are expected to average 18,312 acre-feet <br />annually, and its Substitute Water Supply Plan needs are expected to be 2,006 acre-feet annually. <br /> <br />Page 17 of 66 <br />