Laserfiche WebLink
<br />anything to say. <br /> <br />~tr. Moses: I had already told Ben I would like to speak to this. <br />There are some very interesting legal problems here. In spite of my <br />boss's recommendation that I file in the water court, I don't think <br />the water court has jurisdiction. I think this is a matter which has <br />to be approved by the Groundwater Commission because it is in a des- <br />ignated groundwater basin. <br /> <br />The law is not that clear on it. There is a court decision which <br />confused things more than straightened' them but. But that would seem to <br />indicate that at least you have to give the Groundwater Commission a <br />crack at it, and perhaps if they are not satisfied with the outcome of <br />the result of the Groundwater Commission then maybe the court has some- <br />thing to say about that. I think this probably is a matter first to <br />be presented to the Groundwater Commission. To my knowledge, the <br />Groundwater Commission has not made any rulings in situations of this <br />kind. I think it would be a huge problem for them, and the courts will <br />pursue whatever the appropriate legal remedy is in order to get this <br />established. <br /> <br />Mr. Kuiper: Mr. Chairman, I would like to add one more comment to <br />Ray's remarks. This is also a stream which is under an interstate <br />ccompact with Kansas and Nebraska, and I think the ramification of the <br />compact should be analyzed before we take any action on this also. <br /> <br />ttr. Kochman: I might say one thing. I recognize the significance of <br />your question. I also recognize what a very delicate situation we have <br />dm'ln there. And we are speaking of relatively small amounts of water <br />based upon compact requirements. In fact, within these fifteen miles <br />the flow comes out of the ground. It flows for fifteen miles, which <br />is still quite a ways from the border and it is gone. Within these <br />fifteen miles are important wildlife areas. Now granted, a number of <br />wells are being drilled in the area that could influence this, could <br />influence the underground water enough to take away the water. On the <br />other side of the fence, our recommendations could influence future <br />wells. So what do you suggest? Do you suggest that the Division <br />discuss this prior to such recommendations in the future with that <br />particular board? <br /> <br />Hr. Kuiper: Well, the water in the designated water basin is admin- <br />istered by the Colorado Groundwater Commission. And I think this <br />deserves a little study to determine where those surface flows from <br />the Arikaree are coming from. Did you make a study to see if they are <br />coming from the Ogallala formation? <br /> <br />-34- <br /> <br />I <br /> <br />I <br />