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<br />'l;,\"''1P <br />-J U L "t _ , <br /> <br />of any adjudication proceeding in the case of a well must contain the <br /> <br />following inforrr.ation (here insert SUCll detail as depth, size of casing, <br /> <br />power of pump, etc.) <br /> <br />(b) Both surface and subsurface rights may be <br /> <br />decreeci in one proceeding. <br /> <br />(4) A corr.mon table of priorities of all water rights in <br /> <br />the Divis!:>n, bot:-' ground and surface, shall be made up by District and <br /> <br />Division and administered by the State Engineer on a priority basis unless <br /> <br />a proceeding to establish an exception thereto is instituted as hereinafter <br /> <br />provided. Nothing in this Act shall disturb any surface water decrees <br /> <br />heretofore entered in any irri6atlon proceeding. <br /> <br />(a) Any ground water user in any District may <br /> <br />initiate proceedings to exonerate his ground water use from the application <br /> <br />of a priority system or may commence proceedings to enjoin other pumpers <br /> <br />or to enjoin a digging of new wells, all as hereinafter provided. <br /> <br />II/In the event ih", ground water user ciesir<;s to <br /> <br />have his well free from 1I1e doctrine of priority as against surface rights he <br /> <br />shall file a petition with the District Court having jurisdiction of adjudication <br /> <br />proceedings in his District in his name, or if he desires, he may bring a <br /> <br />class action on behalf of all other pumpers in a similar category naming as <br /> <br />the defendant the State Engineer. Such petition shall allege the basisior <br /> <br />exoneration; that is, that the pumper claims that he is tapping a source of <br /> <br />supply independent of the surface system, or that he is pumping at great <br /> <br />depth and there Is an Incalculable time lag and 110 injury to surface diverters, <br /> <br />or that tile geology of the area proves and establishes impervious structures <br /> <br />or any other reason that he considers appropriate (or as defined by the Act), <br /> <br />but on these matters the petitioner has the burden of proof. In all such <br /> <br />proceedings the Court will apply the following principle: The Court will not <br /> <br />-3... <br />