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16. Section 37- 90-106 (1) (a) was the law long before the Court decided Gallegos. <br />17. Defendants no longer object to this determination as a matter of law; provided, the Court <br />also determines that "whether these Plainti% are precluded by previous Colorado Supreme <br />Court decisions coneeming the degree of connection between their surface water rights and <br />ground water in the NHP Basin has not been determined." Asa result of the Compact Litigation <br />and Stipulation and RRCA Model, plaintiffs are not so precluded, as explained infra. <br />B. The creation of a designated groundwater basin does not establish conclusively that <br />all ground water in the basin is designated ground eater. <br />18. See C,R.S. 37 -90 -106 (1) (a); Gallegos, 147 P.2d at 29 -31, State e-z. tel. Danielson v. <br />Vickory, 627 P,2d 752, 759 (Colo. 1981.) <br />C. Aesignated ground water ea snot, as a matter of law, impact surface flows greater <br />than a de minim ix amount and any ground water which has more than a de minimty impact <br />on surface waters cannot properly be classified as designated groundwater. <br />14. Designated groundwater is defirted ira C.R.S. § 37 -90 -103 (6) (a) as: <br />[ G]oundwater which in its natural course would not be available to and required for the fulfillment of decreed <br />surface rights or groundwater in areas not adjacent to a continuously flowing natural stream wherein groundwater <br />withdrawals bave constituted the. principal vii r usage for at least fifteen years preceding the date of the first <br />hearilrg on ttke ptop¢sed designation of the basin and wbicb ill both cases is within tttie geographic boundaries of a <br />designated ground water basin. <br />20. Based on this definition, the Colorado Supreme Court has previously noted that <br />designated gmuradwater `Includes water not tributary to any stream and other water not available <br />for the fulfillment of decreed surface rights" rickroy, 627 P.2d at 756. Designated groundwater <br />falls into a category of groundwater not part of the riatural stream anal any use of this water has a <br />de min imus effect on aray surface stream Lipper Black Squirrel Creek v. Goss, 993 P.2d 1177, <br />1182 (Colo.2000), All tributary waters, except that which may included in the definition of <br />designated groundwater, are administfred under the 1969 Act. Gallegos, 147 P3d. at 32 <br />Groundwater which has more than a de minimus impact can surface waters cannot properly be <br />classified as designated groundwater. Id., at 31. <br />21. ,A. "designated groundwater basin" is that area established by the Commission in <br />accordance with section 37 -90 -105. See C.R.S. 37 -90 -103 (7). Designated groundwater basins <br />are essentially legal- political boundaries and are riot necessarily coincident with hydrologic <br />boundaries. See Gallegos, 147 P.3d at.29. <br />D. Whether groundwater pumping that impacts a stream in sometbxng less than 100 <br />years has more than a de minimis impact on surface flows remains a question of fact for <br />determination on a ease-by-case basis by the trier-of-fact. <br />1 J07r 9 <br />