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

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k. The Special Master held that "the Compact restricts ground water consumption to whatever extent it depletes stream flow in the republican River." In so ruling, the Special Master held that the "hydraulic correction between strearn Flow and groundwater is a well - established fact." See First Report, p.2 n.3 The Special Master expressly rejected Colorado's argument to treat Ogallala Aquifer groundwater differently than alluvial groundwater. Groundwater in the Ogallala. Aquifer is thus subject to the terns of the Compact in the same manner as alluvial groundwater. Id. pp. 41 — 44. 1. After the Special Master's findings and conclusions in the First report, Colorado, Kansas and Nebraska entered into the Final Settlement Stipulation ( "Compact Stipulation') on December 15, 2002. The governors and attorneys general of each state agreed to the settlement of the Compact Litigation. W. Under the Compact Stipulation, the Compact states agreed to ,jointly construct the RRCA Compact Model in eorajunctiota with representatives of the United States to determine «stream flow depletions by Well pumping" for purposes of Compact accounting and administration. See Compact Stapi iation pp. 18 — 20. n. The United States Supreme Court approved the Compact Stipulation in May, 2003, noting its binding effect in developing the RRCA Model. All claims were dismissed with prejudice, effective upon the filing of the Special Master's Final Report certifying adoptioza of the RRCA Model, See Kansas v. Nebrarka and Colvrrada, 538 U.S. 720 (2.003). The Court accepted the Final Report on actober 20, 2043, See Kansas v..l eh=ka and Colorado, 540 U.S. 9b4(2403). o. The Special Master filed a Final Deport with the Supreme Court on September 17, 2403 in which he certified adoption of the RRCA Model by Colorado, Kansas and Nebraska and found that the primary purpose of the RRCA Model was "to detemine the amount, location �. and timing of str w flow depletions to the Republican River caused by - well pumping and to deterinh)e stream low accretions from recharged water imported from the Platte River Basin into the Republicaa River Basin." See Final Reporrt, pp. 5, 8. p. The Final Report pointed out that there were virtually no wells in the River Basin in Colorado in the 1940s and that the number of wells increased dramatically from the n d- 1960s to the raid -1970s to the current number of approximately 4,000 wells. See Final Deport, pp, l 7 —18 and ARCH Model Summary, p.6. q. The Final Report found that the RRCA "Model construction and calibration represent the physical and hydrogeological characteristics of the Diver Basin to a reasonable degree." ,See Final Report, p.8 and RRCA Model Summary, pp. 1,2. r. Stream flow depletion results of the RRCA Model through year 2000 are included in Appendix U of the Final Report. In 2000, the impact to the North Fork was 13,173 acre -feet of depletions with depletions hicreasing every year preceding that time, 11071 7