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<br />B. Nontr1butary Qroundwater must be allocated w1th spec1al care <br /> <br />because 1t 1s essent1al1y a nonrenewable resource. <br /> <br />Users of surface streams and tr1butary groundwater can <br />w1thdraw from the1r water sources only as much as nature <br />prov1des. In success1ve years, ent1rely new supplles are <br />prov1ded. But once nontr1butary groundwater 1s wlthdrawn, the <br />resource w1ll not be replen1shed for future use. Th1s <br />necess1tates plac1ng l1m1ts on use of nontrlbutary groundwater <br />to conserve 1t for the future. By contrast, use of surface <br />water and tr1butary groundwater 15 l1m1ted only by water users' <br />needs. <br /> <br />C. leg1slat1ve control and allocat10n of nontr1butary groundwater <br />1s cons1stent w1th the Colorado Const1tut10n. <br /> <br />The Colorado Supreme Court held 1n the Huston case that <br />nontr1butary groundwater 1s not subject to appropr1at1on under <br />the Colorado Const1tut1on. It also held that a landowner does <br />not own the nontr1butary groundwater under the land. Thus <br />allocat1on of r1ghts 1s the funct10n of the leg1slature. <br /> <br />D.. The def1n1t1on of nontr1butary groundwater should be clar1f1ed. <br /> <br />Nontr1butary groundwater 1s now def1ned by Colorado case <br />law as groundwater that w1ll not affect a stream w1th1n 100 <br />years; water w1th a stream effect w1th1n 40 years 1s <br />tr1butary. The law 1s uncerta1n about the nature of water <br />hav1ng a stream effect between 40 and 100 years and what <br />const1tutes an "effect" 1s unclear. The Groundwater <br />leg1slat1on Comm1ttee agreed that groundwater 1s not tr1butary <br />1f pump1ng w1ll not affect a stream more than one percent of <br />the annual amount to be pumped 1n 100 years. <br /> <br />-12- <br />