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<br />.O!Je~2G.:Page 6 <br />., December 41 <br /> <br />1973- <br /> <br />. <br /> <br />2. These streams are not tributary in the surface channel. <br /> <br />3, No tributaries to the Rio Grande have been subject to <br />administration historically with the compact "call". <br /> <br />4. Administration of these tributary streams would disrupt <br />the economy and interfere with historic farming practices, <br /> <br />5. Winter irrigation is not being recognized as a beneficial <br /> <br />use. <br /> <br />STATE ENGINEER'S POSITION <br /> <br />The State Engineer is required to administer the waters under state <br />and federal statutes, the constitution and court decrees, Nothing in the <br />statutes can be found to justify curtailing a decree on the main stem of the <br />river and permitting junior decrees on a tributary to continue to divert. It <br />is therefore the position of the State Engineer that tributaries to the main stem <br />are subject to administration under Section 148-21-35(2). <br />