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<br />A few add1t1ona1 changes were 1ncluded 1n the proposal as <br />drafted. The essentlal features of the m1n1mum change proposal, <br />'nc1ud1ng the two variations that were discussed, are: <br /> <br />1. Land ownership, or consent of the owner, 1s the sole bas1s <br />upon which r1ghts to nontr1butary groundwater are <br />obta1ned. Under the unonrenewable" draft, the land <br />ownershlp doctrlne would apply to groundwater whlch is <br />nontrlbutary and nonrenewable. Under the .semi tributary. <br />draft, the doctr1ne would app1y"to groundwater which is <br />100% nontributary and to groundwater wh1ch 1s 50-99% <br />nontr1butary. <br /> <br />2. .Nontributary. is def1ned to e11minate the uncerta1nty <br />under current law (stream effect within 40 years 1s <br />tributary; more than 100 years is not tr1butary). Under <br />the definition, water is not tributary if ~1th1n lOa years <br />pumping will not affect the stream more than 1% of the <br />amount to be annually pumped. <br /> <br />3. The adrnlnistration of nontrlbutary wells by pr10rity 1s <br />proh1bited. Presumably other well owners can enforce the <br />terms of permit or decree, but not curta1l pumping allowed <br />by permit or decree. <br /> <br />4. The practice of obtaining a water court decree for a <br />permitted well 1s specif1cally sanct1oned, but not required. <br /> <br />5. The adm1nistratton of groundwater which is part1ally <br />tributary and partially nontributary is addressed. A <br />permittee will be required to replace all the water <br />d1verted from the stream by that portion of his pumping of <br />water deemed to be tributary. <br /> <br />-26- <br />