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<br />.01 <br />~> <br />~;~ , <br /> <br />Major Physical, Legal, and Institutional Characteristics <br /> <br />:::.; <br /> <br />.'1 <br /> <br />(2) is in areas not adjacent to continuously flowing natural streams, wherein <br />groundwater withdrawals have constituted the principal water usage for <br />at least 15 years prior to the date of the first hearing on the proposed <br />designation of the basin (37-90-103 (6) (a), C.R.S.). <br /> <br />;f~] <br /> <br />Designated groundwater basins are fundamentally legal-political boundaries <br />and are not necessarily coincident with hydrologic boundaries. The Ground <br />Water Commission (GWC) is responsible for the initiation, protection, and <br />transfer of groundwater rights. The Rules and Regulations for Management <br />and Control of Designated Ground Water (CCR 410-1, May 1,1992) adopted <br />by the GWC, govern the administration of groundwater rights. <br /> <br />., <br />.;, <br />" <br /> <br />c.;! <br /> <br />Ground water in Colorado is presumed to be tributary to natural streams. <br />Litigation has established that the aquifers in the San Luis Valley are, in <br />fact, tributary (American Water Develooment. Inc. v. Citv of Alamosa. et <br />a!., 874 P2d 352 (Colo. 1994)), and there has been no other determination by <br />Colorado courts or officials that there is any water within the Colorado <br />portion of the Rio Grande Basin that would be administered under any legal <br />mechanism other than the constitutional doctrine of prior appropriation. <br />Since the passage of the Water Determination and Administration Act of <br />1969, the waters of surface streams and all tributary ground water have <br />been administered by decree and priority date as an integrated system <br />(David W. Robbins, comment on draft; report). <br /> <br />,) <br /> <br />'. <br /> <br />The Water Right Determination and Administration Act of 1969 allows the <br />creation of augmentation plans, defined as "A detailed program to increase <br />the supply of water available for beneficial use... by the development of new <br />or alternative means or points of diversion, by a pooling of water resources, <br />by water exchange projects, by providing substitute supplies of water, by the <br />development of new sources of water, or by any other appropriate means." <br />The basic intent of the plans is to assure the preservation of senior water <br />rights as further rights are granted for developments. Augmentation plans <br />introduce the depletion replacement concept, by devising schemes that <br />obtain other waters and deliver them to the river at the time and place that <br />the injury, or lack of water, otherwise would be felt. <br /> <br />Augmentation becomes important insofar as Article XVI, Section 15, of the <br />Colorado Constitution establishes the right of Colorado citizens to <br />appropriate unappropriated water and, in effect, establishes water rights as <br />vested property rights subject to the same protection as other interests in <br />real property. Because senior water rights have a vested property interest in <br /> <br />15 <br /> <br />(~.2895 <br />