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Headwaters Summer 2006
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Headwaters Summer 2006
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Last modified
3/27/2013 10:51:46 AM
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Publications
Year
2006
Title
Headwaters
Author
Colorado Foundation for Water Education
Description
The Groundwater Puzzle
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Other
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AI ` <br />own wells in the basin, should be recused ' <br />from the hearing since they have a vested <br />interest in the issue. <br />"It's tough to believe that resident farm- <br />Milt <br />_� ers are required to be on the commis - <br />"' sion, but can be disqualified for having <br />an interest," says attorney Mike Shimmin, <br />representing the seven groundwater man - <br />agement districts opposing the suit. "Six - <br />tenths of your voting membership would <br />be disqualified every time" a rule- making <br />hearing is held. <br />Bledsoe and Coryell refused to recuse <br />themselves. In the end, they ended up vot- <br />ing against each other. <br />As a result of the May 19 hearing, the <br />commission voted 6 -3 to dismiss the peti- <br />tioners' request. But the fight isn't over, <br />says Bushong. If appealed, state law will <br />direct this case to the Yuma County District <br />Court. The judge could make a variety <br />of decisions ranging from upholding the <br />commission's decision to sending the case <br />back for more consideration. <br />"We will definitely appeal," says Bushong. <br />"We'll be looking to see if there's a way to file <br />a writ directly in the Supreme Court." <br />Bushong said there are bigger issues <br />than just his clients' water at stake —big- <br />ger issues regarding the depletion of the <br />Ogallala aquifer and the need to meet com- <br />pact requirements. <br />"We're on the verge of a train wreck," <br />says Bushong. "Wells are pumping as if <br />there's no tomorrow." <br />DEADLINES <br />Lawsuits, drought and a complex <br />groundwater system are making it hard for <br />Colorado to get enough water back into <br />the Arikaree and Republican rivers. And, <br />if Colorado does not come into compli- <br />ance with the compact by the end of 2007, <br />Kansas and Nebraska could file a new law- <br />; suit or they could extend the deadline. <br />Stan Murphy, manager of the Republican <br />River Water Conservation District said <br />the "Worst -case scenario is: The order <br />comes down from the U.S. Supreme Court - <br />appointed special master and the state of <br />Colorado has to come out and shut down <br />water rights, surface rights and wells and <br />everything, to come into compliance." <br />"As far as the compact is concerned, if we <br />can do this voluntarily, I think we'll recover <br />and people will be OK," says Kim Killin, a <br />Republican River Water Conservation District <br />board member who Lives in Holyoke. "But I <br />don't think the sting from this (lawsuit) will <br />ever go away. It's just too long- term." J <br />
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