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<br />The Amity Mutual Irrigation Company <br /> <br />152:> <br /> <br />Accordmg to an anaIysis made by the Attorney for the Arkansas Valley <br />Ditch Association: <br />The Fellhauer well was located 400 feet from the river. <br />It pumped 800 g-.Uans per minute or about 3 1/2 aJ. per day. <br />It was used 150 to 180 days per year. <br />The court found among other tl1ings--That the State Engineer had authority <br />to act; That the well was hydrologically connected to the Arkansas river, <br />and that it had an immediate affect on the surface now, and that shutting <br />it down would provide substantially increased water COl" sunace <br />appropriators, and that the 1965 law (House Bill 1066) was not ani.}' con- <br />stitutional, but clear in instructions to the State Engineer. <br /> <br />Wh.ether the Felhauer case is carried. \.0 th<e Sup.r-eme: Court or the <br />legislature revises the 1965 statute, there is need (or much more in- <br />formation on the movement of underground water and the affect pumping <br />has on the stream in particular localities on the river. Because of the <br />confusion over the authority granted by prior ground water laws and the <br />constitutional declaration that all waters flowing in the State, including <br />percolating and seeping water belongs to the State and are subject to <br />appropriation, a better understanding oC the relation between surface use <br />and pumping must be arrived at if the full use of this valued asset is to be <br />made. <br /> <br />Information is being gathered regularl~y by the D.S.G.S. on the under- <br />ground water table as it is affected by river flow, and on the movement of <br />underground water in river basin. <br /> <br />A rash of Bill s a!Cecting water and water rights are being considered <br />in the present legislatur~_One Bill(Senate #3) would require appropriators <br />to use ever,}' possible means of obtaining water to satisf.)' their decrees, in- <br />clUding use of pumps before calling on more junior appropriators. 'This <br />would put most of the ditches in the pumping business and a mad scramble <br />to find water. Such legislation is inclined to put a greater burden on <br />ditches lower down on the river, and if water is found to supply their <br />appropriation there is the question of cost, and the affect of such wate:a:- <br />would have on the soil, and production of crops because of salts and <br />minerals contained in the underground water. <br /> <br />More information of legislative action will be available at the time of <br />our meeting. <br /> <br />Drainage to the Amit,y from the irrigated section north of Lamar <br />continues to be a serious problem. .Man made ditches, enlarged over <br />the .years conduct runoff from storms ver,}' quickly to the Amity canal and <br />cause spills at run oCf sections or breaks if the storm is severe. Cleaning <br />tile canal through this section may help some but capacit,y is usually <br />restricted at bridges and roads, No satisfactory solution has been pre- <br />sented. This problem concerns not onl,ythe Amity but Highwa,r Department <br />County Commissioners, Drainage boards and adjacent land owners: <br /> <br />A report of the Army En,g-ineers on their surve,}' for flood control on <br />the Arkansas river below John Martin Reservoir is due soon. The Amity <br />is especially interested in any structures that might be recommended on <br />Mud and Caddo!! ~r~eks tha~ would change or conserve runoff from these <br />creeks. Our pnor.ltIes on BIg Sand.>' make us concerned with this stream. <br /> <br />PageS <br />