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

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50. The Special Master's adoptiort and certification of the RRCA Model on September 17, 2003, was approved by the Supreme Court. See F'fnal Report o, f the Special Master with Certificate ofAdopoon ofRRCA Groundwater Model ( "Final Report"); Kansas V. Nebraska and Colorado [cite] 51. The Executive Summary of the Republican Riven Compact Administration Ground Water Model, dated July 1, 2003, provides, in part: in accordance with the December 15, 2402 Final Settlewn nt stipulation, the Republican River Ground Wathr Model 4)g Committee developed a coz»prehensive groundwater model to represent the groundwater flow system in the Republican River Basin_ The priu ary purpose of the Republican River Conxpact Administration Ground Water Made] CRRCA Model ") is to det,errnin the amount, location and timing of strearnflow depletions to the Republican River caused by well pumping and to determine strearnflow accretions from recharge of wager imported from the Platte Rivet I) asia into the Republican River Basin. The RCCA Model is fully opmtimal and calibrated to represent the physical and hydrogeological characteristic,-, of the Republican River Basin to a reasonable degree_ 52. The Final Report, page 51 -52, summarizes, in part: Tile primary purpose of the RRCA. Model is to deWmine the amount, location and timing of stream Row depletions to the Republican River caused by well pumping and to deternniize strearntlow accretions from recharge of water imported from the Platte River Basin into the Republican River Basin.. ,The RRCA Model coastnrction and calibration represent the physical and lrydrogeological characteristics of the Republican River l3asizt to a reasmaWe degree for the period 191 S to 2000. The RRCA Model sitnutateg historical and cur=t physical conditions, it is not azi optimization or opeiutioual model and does not assess the impact of land use and cflnservation practices, reservoir operations or other water supply or water administration practi+oes. The Rtt.CA Model will be used to determine grouudwater depletions and imported water supply accretions in formulas prescribed in the RRCA Accounting Procedums. 53. The RRCA, Modcl is relevant, competent and admissible evidence in this case. 54. Although the RRCA Model's primary purpose was for use in Compact accounting and compliance, that does not mean its finding and conclusions can not be applied for other relevant purpose% but it is the Plaintiffs' burden to prove that the RRCA Model is evidence for other purposes, such as injury to their water rights and for state -law administration. 55. All patties are free to argue the significance and the effects of the RRCA Model data, firidirags and conclusions to the facts of this case. plaintiffs' proposed use of the RRCA Model in this case is to expand it to show not only groundwater withdrawal for Compact accounting but also to argue that it proves the pumping of groundwater in the NHP Basin is having more than a de minimus impact on stream flows and is causing injury to Plaintiffs' water rights. Therefore, it is the Plaintiffs' burden to prove that their pmposed expanded use and purposes of the RRCA Model may apply to the facts of this case. 56. The Defendants way not challenge the RRCA Model's irelevaricy, credibility, conclusions, data and fizadings, but they may challenge its application as offered by the Plaintiffs if for purposes other than Compact accounting. L 1071 14