Harrison, David L.

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SLIDES: Intro to Groundwater Law in Colorado

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Groundwater in the West (Summer Conference, June 16-18) 2004 6-18-2004 SLIDES: Intro to Groundwater Law in Colorado David L. Harrison Follow this and additional works at: https://scholar.law.colorado.edu/groundwater-in-west  Part of the Dispute Resolution and Arbitration Commons, Environmental Health and Protection Commons, Environmental Policy Commons, Hydrology Commons, Litigation Commons, Natural Resources and Conservation Commons, Natural Resources Management and Policy Commons, State and Local Government Law Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Harrison, David L., "SLIDES: Intro to Groundwater Law in Colorado" (2004). Groundwater in the West (Summer Conference, June 16-18). https://scholar.law.colorado.edu/groundwater-in-west/15 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.     David L. Harrison, Intro to Groundwater Law in Colorado, in GROUNDWATER IN THE WEST (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law, 2004).  Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.  Intro to Groundwater Law   In ColoradoDavid L. Harrison June 18, 2004The Mosaic of Groundwater Law i C l dn o ora o-Legal framework that has been evolving since 1965-Different approaches for different groundwater basins and different problem situations-Appears complicated if try to set up a i t t t f d t l ifi ticons s en  se  o  groun wa er c ass ca onsThe Mosaic of Groundwater Law i C l dn o ora o-Classifications:Designated groundwaterTributary Groundwater Non-tributary GroundwaterNot Non tributary Groundwater -  Exempt WellsThe Mosaic of G d t Lroun wa er aw in ColoradoGeneral Rules Throughout State (except designated basins and Denver Basin)•GW tributary if its w/drawal will cause a stream depl’n > 1/10th% of pumping rate in 100 years•Prior Appropriation System for tributary GW•Well Permit Required•Must be unappropriated water and no injury•Generally requires an augmentation planAdjudicated in Water Court•     •Exemption for Small Wells – presumed no injury if•Household only•Domestic on 35 acres   Upper Crow CreekDesignated Lost CreekCampCreekGroundwaterBasinsNorthernHigh PlainsKiowa Bijou•Designated pursuant to 1965 Act•All basins designated prior to 1985Upper BlackUpper Big Sandy     •Non-tributary or principal use by wells•May be non-renewable or renewable•Regulated rate of depletion  Squirrel Creek•“Modified Prior Appropriation”•Generally fully allocated – few new permits•Groundwater Commission Rules and Regs•Some exports of water out of Basins to        Municipalities•Decisions reviewable in District CourtSpecial r les for small ellsSouthernHigh Plains•  u    w•Marks Butte•FrenchmanGroundwater M t•North•Lost •Creek•W-Y•Sand• Hills•Central anagemen  Districts•Kiowa •Bijou•Yuma•Arikaree•Upper Big Sandy•Upper BlackS i l•Eastern Ch•Plains• qu rre  Creek• eyenne•Local Enforcement Arm of Comm’n•Potentially regulate or curtail uses    •Taxing Power•Oppose transfers out of District•Southern•High PlainsRepublican River Basin•Republican River Compact 1942   •Recent Settlement in KS vs NE and CO•Compact Covers Groundwater•GW Model to Determine Compliance    Republican River Water Conservation Di t i t•Created June 04To assist in Compact Compliance s r c•     •Taxing Power•May Have to Buy Back Existing PumpingDenver BasinLegislation in 1985 – SB 5  Laramie-Fox Hills•Non-renewable Groundwater•Allowed to be mined •No protection of pressure levelsLower ArapahoeUpper Arapahoe    •Allocated on 100 Year Life•To Over-lying landowners•Non-tributary water – must relinquish 2%DawsonDenver     as return flow•Not Non-tributary – must have aug plan for 4%•Today concern about rate of pressure decline•SB 5 not intended as a management act, but simply an allocation – management still needed•Possibility of conjunctive use with surface ater Patti Wellsw  –  Designated Basins  Over Denver Basin•GW Commission Rules & Regs apply •100 yr life•Landownership•KS vs CO – Arkansas River Compact•Rules and Regs of State Engineer 1996      •Replacement Plans Required•More detailed presentation to follow – David RobbinsArkansasRiver Basin South Platte B ias n•New Rules and Regulations of State Engineer•Augmentation Plans Required for Existing Users•More Detailed presentation to follow – Steve Sims•Large Amount of Groundwater•Tributary to the stream system    •Renewable – recharges from streamflow fromsurrounding mountains•Unconfined Aquifer (water table) and Confined Aquifer (artesian)       •Basin is fully appropriated •Rio Grande Compact requires curtailment of even senior rights•Recent drought years have created crisis in water table and pressure levels as well as stream flowsRio Grande San Luis ValleyBasin•1979 Rules and Regs – Alamosa La Jara Water Users case•Issues about native ET and salvage•And about “reasonable means of diversion” – do surface rights have to construct wells?•60/40 Agreement – sharing Closed Basin Project in exchange for waiver of well injury•1998 legislation recognizing special conditions in the confined aquifer; water not made available by reduction in ET by native plants; called for rules d l ti f ithd l f fi d ifan  regu a ons or new w rawa s rom con ne  aqu er•Those Rules and Regs now expected this month•New Legislation  SB 222 -- Additional authority for Rules and Regs•Long term sustainablityRio Grande    •Requires protection of Surface Water Rights•And Protection of Aquifer Water Table and Pressure Levels•Subdistricts -- to replace depletions and balance aquifersSan Luis ValleyBasin      •Ditches not required to drill wellsG t S d D N ti l P k• rea  an  unes a ona  ar•Express appropriative water right for water table and stream flow for park values – an in situ water right – hybrid federal/state•Date of park legislation 2000    •Leadership from local agricultural communityRio Grande San Luis ValleyBasinRio Grande Decision Support System  Th M i fe osa c o  Groundwater Law in Colorado The Recurrent Issues:  •Whether and how surface rights are protected•Whether GW is to be mined or managed for sustained yield•Whether pressure levels are protected

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SLIDES: Intro to Groundwater Law in Colorado

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