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c. Trial Court Disposition <br /> (1) Approved surface administration; <br /> (2) Disapproved well curtailment. <br /> d. Supreme Court <br /> (1) Upheld separate administration of Conejos and <br /> Rio Grande Rivers ; <br /> ( 2) The Rio Grande tributaries (Alamosa, La Jara <br /> and Trinchera Creeks ) could not be adminis- <br /> tered to assist the Rio Grande in meeting its <br /> compact delivery requirement. <br /> (3) Remanded the ground water rules to the State <br /> Engineer for reconsideration. <br /> (a) In doing so, they overruled Kuiper v. <br /> Well Owners Conservation Assoc. , 176 <br /> Colo. 119, 490 P. 2d 268 (1971) (The <br /> Division 1 Rules and Regs case) to the <br /> extent it prohibited the State Engineer <br /> from requiring surface diverters to use <br /> wells to divert their decreed entitle- <br /> ment to promote maximum utilization of • <br /> the water resource; <br /> (b) With this constraint lifted, the State <br /> Engineer can exercise greater management <br /> powers; <br /> (c) In reconsidering the ground water rules , <br /> the State Engineer should also consider <br /> economic, environmental and other <br /> factors . <br /> e. The Attorney General, on behalf of the State <br /> Engineer will file a motion for rehearing solely <br /> on the tributary administration issue. <br /> 2. Animas - La Plata lawsuit pending appeal in the <br /> Federal Tenth Circuit of Appeals; no briefing schedule <br /> yet. <br /> 3 . Reserved Rights <br /> a. Expert witness preparation pursuant to contract is <br /> underway in anticipation of trial of the claims <br /> for reserved rights for the Indian reservations in <br /> Division 7 and the claims for in-stream flows in • <br /> Dinosaur National Monument in Division 6. <br /> -8- <br />