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<br />{~::> <br />'Xl <br />GO <br />,-( <br /> <br />.) <br /> <br />(.~) <br /> <br />IV. <br /> <br />voluntary plans for augmentation. Since the well owners <br />as a class can hold senior surface appropriators harmless <br />with relative economic ease, then the very principles of <br />Bender and Schodde dictate that the senior water rights <br />must be protected rather than obliterated. <br /> <br />WHERE FROM HERE <br /> <br />A. The case has been briefed and was argued to the Colorado <br />Supreme Court on February 22, 1983. Decision is pending. <br /> <br />1. If the trial court is affirmed, the senior surface <br />right community, particularly on the Conejos, will <br />be on its own to construct whatever self-help <br />facilities they may be able to afford. Some users <br />undoubtedly will not find any realistic alternatives <br />available and will simply take their lumps. <br /> <br />2. If the decision is remanded to the trial court for <br />approval of the rules and regulations, a number of <br />interesting augmentation alternatives will be up for <br />consideration. <br /> <br />B. The Closed Basin Project of the Bureau of Reclamation is <br />currently under construction under the sponsorship of the <br />Rio Grande Water Conservation District. While this water <br />is not finally allocated (and indeed considerable <br />question remains as to the ultimate yield of the <br />project), it is not likely to go directly to the benefit <br />of well users for augmentation purposes. It can be <br />expected, however, to contribute to the overall Colorado <br />obligation on the Rio Grande Compact and be of general <br />benefit. <br /> <br />C. Other drainage/pumping-type projects to take water from <br />shallow groundwater sources and to induce salvage of <br />evapotranspiration have been suggested and could be built <br />on a private or public basis for direct use in augmenta- <br />tion plans. <br /> <br />D. Pumping from confined aquifers into stream systems would <br />appear to offer an immediate and effective augmentation <br />source. The advantage of removal from groundwater <br />storage and the indirect salvage of water by the reduc- <br />tion of leakage into the unconfined aquifer would be <br />utilized. The problems involved will be to adequately <br />design and locate such wells so that the stream depletion <br />effects of this pumping will itself be compensated for. <br />Questions about the accuracy of defining those depletions <br />and about estimating actual salvage of evapotranspiration <br />must be faced. Clearly an important element of future <br />development ~ill be the continued improvement of the data <br />base and the modeling capability to be able to adequately <br /> <br />-13- <br />