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<br />I <br /> <br />I <br /> <br />!-Jr. Kochman: <br />that study. <br />made. <br /> <br />I really don't think that is our responsibility to make <br />I would hope that the commission itself would. have that <br /> <br />Mr. Kuiper: Well, it would be somebody's responsibility and I agree <br />with you. It would be the Groundwater Commission's responsibility, <br />but I think they should be given an opportunity to do that before we <br />take any action on this particular recommendation. <br /> <br />14r. Moses: I disagree with Mr. Kuiper. This board is authorized to <br />appropriate water for this purpose. The Groundwater Commission has no <br />jurisdiction to make a determination as to whether we can appropriate <br />water for surface flows. <br /> <br />I think it has to start some place and if it starts here, then we can <br />move along. <br /> <br />Mr. Vandemoer: Ray, could I add to this? Mr. Winfield is not against <br />this. In fact, his only worry is well taken in that they should know <br />about it. And they should be able to go from there. <br /> <br />Mr. Kuiper: There should be some input from the Groundwater Commission. <br /> <br />Mr. Sparks: I am a member of the Groundwater Commission. I wrote the <br />original groundwater law. There is nothing in that law which gives <br />the Groundwater Commission any authority over surface water. We are <br />making a surface appropriation and the Groundwater Act is very unmis- <br />takably clear that it refers only to the drilling of wells. That is <br />the only jurisdiction of the Groundwater Commission. This is of no <br />concern to the Groundwater Commission, except as future decrees may <br />impair the decree that we expect to get. We will be getting only a <br />junior decree as of the date of the filing. I don't think it involves <br />the Ground Water Commission, and I don't think it involves the <br />Republican River Compact. We have a compact to deliver water to Kansas, <br />but it is not affected and cannot be affected by any state law or any <br />decree. <br /> <br />!-Jr. Stapleton: Well. the nice thing about writing your own law, you <br />know it is the only one that is perfectly clear. <br /> <br />(laughter) <br /> <br />I would think that we could entertain a motion that this be approved <br />and that the attorney of the board be directed to make the necessary <br />appropriation. Is that a proper motion for this? <br /> <br />-35- <br />