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LANNY PAYNE, CONNIE PAYNE, RONALD D. <br />RICHARDS, ARGIL A. RENZELMAN, NADINE <br />RENZELMAN, FIVE RIVERS RANCH CATTLE <br />FEEDING LLC, COLORADO DIVISION OF WILDLIFE, <br />RONALD D. BRENT, DAVE KEELER, AND COLORADO <br />GROUND WATER COMMISSION STAFF, <br />Interested Part Defendants. <br />ORDtR GRANTING SUMMARY JUDGMENT MOTIONS IN PART AND DENYING <br />SUMMARY JUDGMENT MOTIONS IN PART <br />The Court bas reviewed the Plaintiffs'-Appellants', Pioneer Irrigation District, Colorado Board <br />( 'Pioneee) and certain owrxers of the Laird Ditch (collectively, "Plaintiffs' l Motion for <br />Summary Judgment and Request for Determination of Law ( "P1ai,otW Motion "), the record on <br />appeal, the Court's file and Defendants' - Appellees' Stulp Investment Company, LLC, John and <br />Timothy Stulp, LLC, Timothy Stalp, Five Riven R-lach Cattle Feeding, LLC, Marrs Butte, <br />Freincbman, Sand Hills, Central Yuma, W -Y, Arikaree and Plains Ground Water Districts, the <br />Colorado Ground later Commissions ( "Commission") and Harald D. Simpson, State Engineer <br />(collectively, "Defendants") Cross- Motion for Determinations of Questions of Law and Summary <br />Judgment ( "Defendants' NlotiW') (collectively, " Sun wary Judgment Motions ".) <br />The Court makes the following findings and conclusions and enters the following Order: <br />INTRODUCTION <br />1 _ The water practices on Colorado's and eastern plains and the utilization of the Ogallala <br />aquifer, a groundwater resource of significant but diminishing rapacity, which rests under the <br />high plains of Colorado is in issue. As demands on the finite capabilities of the aquifer increase, <br />disputes between surface appropriators and well users arise. Pioneer Irrigation Distr'ica v, <br />Danielson, 658 P.2d. 842, 844 (Colo. 1983) The same issues continue in this appeal. <br />2. Pioneer is a surface water appropriator on the Forth Fork of the Republican River <br />( "North Fork "), an interstate stream in Yuma County, Colorado. Pioneer holds a water right to <br />50 cfs of water with a priority date of April 4, 1890. The water is diverted into a canal called the <br />Pioneer Ditch, which runs from Yuma County across the state border into Nebraska. Pioneer's <br />right to divert wafer in Colorado to irrigate Nebraska lands has been memorialized in the <br />Republican River Compact ( "Compact ".) The Compact allows Colorado authorities to control <br />and regulate the water flowing through the Pioneer Ditch. Pioneer v. Danielson 658 P.2d at <br />844. <br />3. The Colorado General Assembly gassed the Colorado Ground Water Management Act of <br />1955 (the "1965 Act ".) On May I3, 1966, the Commission established the Northern High Plains <br />1107L 2 <br />