Order Granting Summary Judgement Motions in Part and Denying Summary Motions in Part

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F. The Commission is statutorily required to redraw the boundaries of auy designated ground water basin when future conditions and factual data reveal that the basin includes ground water that does not properly within the def nitlon of designated ground water. 37. If the Commission finds that Plaintiffs have satisfied the requirements of C.R.S. § 37-90 - 106 (1), pursuant to Subsection (3), the State Engineer must prepare a reap showing the altered boundaries of the, NIP Basin and the Comnissioa must thereafter notice and hold a hearing on the alteration of the N13P Basin boundaries. {G. Once the Commission redraws the boundaries of a basin to exclude improperly designated groundwater, said groundwater becomes subject to exclusive jurisdiction under the 1969 ,Act and must be administered in priority by the State and Division Engineer. 38. See Gallegos, 147 P.3d at 24 and 30; Pioneer Irr., 6 58 P.2d 846. 39. Before jurisdiction vests under the 1969 Act, the Commission must redraw the boundaries of the basin to exclude improperly designated gromdwateir. Not only does the statute require this result, but legislative intent must be respected by keeping designated groundwater and groundwater subject to the 1969 Act separate and distinct. See Gallegos 147 P3d at 32. ff. The RRCA Model is competent, relevant and admissible evidence in this matter. 40. The Commission is bound by the Compact and results of the Compact Litigation, including the rulings of the United States Supreme Court, Compact Stipulation and Compact Modcl, demonstrating whether groundwater in the NHP Sash. is hydrologically connected to and depleting surface: streams. 41. Colorado entered into the Compact Stipulation and agreed to be bound by the Compact Model in determining the amount of depletions to surface streams caused by well - pumping. The Compact Stipulation and Model serve as binding admissions by the State of Colorado and, by extension, its agency, the Commission. The Compact Model is a binding recognition of the extent to which groundwater pumping is depleting surface flows. 42. The State of Colorado, a party in the Compact Litigation, is bound by the findings and conclusions of the Special Master appointed by the United States Supreme Court, and Colorado's admissions in the Compact Litigation. The Commission is an agency of the State of Colorado and, therefore, it is also bound by these findings and conclusions. Only the RRCA may modify the Compact Model. 43. The Commission, as an agency of the State of Colorado caulaot ignore and/or contradict the result of the Compact Litigation, the admissions by Colorado in that litigation and the binding effect of the Compact Stipulation and RRCA Model on Colorado. Agencies are created by the General Assembly and, tberef'ore, ` { stand in the state's shoes." See Dunbar v. Di,odd Court, 255 P.2d 743,748 (Cola. 1953). 1071 12