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<br />',,0 o-(J ~ ~'~age 11 <br /> <br />December 4, <br /> <br />1973- <br /> <br />. <br /> <br />.. <br /> <br />2. Administration of divers ions from the 60nfined aquifer <br />\ would be a serious detriment to the economy of the San Luis Valley, <br />i <br />3, The considerable cost of the drilling ~nd equipping of <br />artesian wells would be wa sted if appropriations from tha t aquifer <br />were administered in the priority system. <br /> <br />4. Water in the confined aquifer does not fit the definition <br />of "underground water" under Section 148-21-3(3) and (4). <br /> <br />S. Historically diversions from the confined aquifer have <br />not been administered and should not be administered now because <br />of Section 148-21-27(1)(vi), <br /> <br />6. Contributions to the compact commitments at the state <br />line by appropriators from the confined aquifer were never anticipated <br />by the negotiators of that compact. <br /> <br />STATE ENGINEER'S POSITION <br /> <br />The confined aquifer is tributary to surface streams in the sense that <br />it derives its water from surface screams, is hydraulically connected to the <br />surface streams and influences the movement of water of the natural streams, <br />A water right can not be acquired in Colorado by adverse possession and <br />appropriations from the confined aquifer are subject to all of the provisions <br />of Article 148-21, A reasonable lessening of material injury to prior vested <br />rights must be made by appropriators from the confined aquifer in increasing <br />amounts over a transition period to permit those appropriators to continue to <br />pump from the confined aquifer. <br />