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<br />n~Jt.~:J() J <br /> <br />!l <br /> <br />] <br />~ <br />i <br />j <br />j <br />1 <br />, <br />1 <br />, <br /> <br />DRAFT <br /> <br />General Assembly with the help of engineers and attorneys during the <br /> <br />1969 session to remedy the situation. General policies relating to <br /> <br />integration of tributary groundwater into the priority system are con- <br /> <br />tained in the introduction. <br /> <br />In determining and administering the use of water, judicial and <br /> <br />administrative officers shall be governed by the following: (a) If <br /> <br />an appropriator uses a well, he may charge that diversion to his own <br /> <br />appropriation or, if he also has a surface right taking from the same <br /> <br />stream system, he may, by using the proper procedure, have the well as <br /> <br />an alternate point of diversion for his surface decree; (b) The widest <br /> <br />possible discretion to permit the use of wells shall prevail. Lowering <br /> <br />of the water table will be allowed if it later can be recharged so as to <br /> <br />prevent injury to senior appropriators; and (c) As in other parts of the <br /> <br />new legi~lation provision is made for the interi.m reri.od until nror.-.q:1i.lrf'~ <br /> <br />and p~per work can be finalized. <br />, <br /> <br />There are some areas of the state where considerable quantities of <br /> <br />groundwater can be found which do not contribute to adjudicated surface <br /> <br />rights. Specific example'S 'are the Closed Basin of the Rio Grande and <br /> <br />the Republican River drainage in the High Plains area. Wells in these <br /> <br />areas, if in sufficient number, will compete with each other as surely <br /> <br />as do ditches from surface streams. <br /> <br />Designated groundwater is subject to appropriation and is defined <br /> <br />in the law as follows: <br /> <br />1. That ground water which in its natural course would not be <br />available to and required for the fulfillment of decreed <br />surface rights. <br /> <br />2. Ground water in areas not adjacpnt to a continuously flowing <br />natural stream, wherein ground water withdrawals have con- <br />stituted the principal water usage for at least 15 years <br />preceding January 1, 1965. <br /> <br />10. <br />