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P. The Court should remand Plaintiffs' Petition to the Commission for evidentiary <br />hearing and factual findings. <br />SG. The Commission is the appropriate fog for determining whether disputed groundwater <br />is designated groundwater located in a designated groundwater basitx. See Danielson, 658 P.2d <br />at 845. <br />87. The Commission has initial and exclusive jurisdiction to determine if groundwater <br />diversions in a designated groundwater basin involve the taking of designated groundwater and <br />the Commission must make this initial determination. See Gallegos, 147 P.3d at 30. <br />ORDER <br />I. The Summary Judgment Motions are granted in part and denied in part as set forth above. <br />Genuine questions of material fact remain and preclude summary judgment on certain issues. <br />2. Suirmary judgment is denied as to any issue not specifically addressed above. <br />3, This matter is remanded to the Commission for an evidentiary hearing and conclusions <br />and findings consistent with this Order. <br />This appeal is stayed pending final agency action by the Cointnission <br />Dated this 23`� day of July, 2007 <br />BY THE COiJR,T, <br />I S`/ Connie L Petenyo z <br />CONNIl✓ L. PETERSON <br />SENIOR DISTRICT JUDGE <br />11 071 19 <br />