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I I I I I I I I I I I I I I I I I I I Overview History of Colorado Conjunctive Use As agricultural production in Colorado has increased, farmers have increasingly sought to tap groundwater resources. Where these groundwater resources are hydrological cormected to rivers, surface waters right holders have been impacted. On the Arkansas River, the impact from groundwater pumping also has complicated deliveries of water to Kansas as required by the compact. The State of Colorado has historically ruled that groundwater pumping for irrigation may continue as long as detrimental effects to senior surface water rights and compact obligations are eliminated. The important element here is that the State of Colorado regulates groundwater pumping only so far as it injures senior water rights (McDormell, Colorado Law Review - June, 1988). Depletion of groundwater aquifers that do not cause injury can continue. Where depletion of groundwater aquifers has impacted senior water rights, Colorado has required that pump irrigators mitigate the damage. Associations of purnp irrigators have devised various procedures for mitigation, outlined below: . Groundwater Appropriators of the South Platte (GASP) is an association of groundwater irrigators that are cormected to the South Platte River. The pump irrigators are junior to senior water right holders along the Platte. If there is a call for water by senior rights, GASP ensures that senior water rights are satisfied by purnping groundwater as replacement into the river or the point of diversion for the senior rights, a "call management" plan. Depletion is not the issue, GASP only covers the actual extent of injury to senior rights. GASP must submit an annual plan to the Colorado State Engineer showing how it is going to mitigate injury. . Fort Morgan Reservoir and Irrigation Co. are ditch irrigators that supplement their surface water supplies with groundwater purnping. To prevent injruy to other surface water holder, Fort Morgan maintains the underlying aquifer levels by a recharge program. During the irrigation season, the amOlUlt of depletion to the aquifer is calculated. During the off season, Fort Morgan irrigators divert legally owned water (amount that was depleted) to recharge locations (dry streambeds) where the water is reabsorbed back into the aquifer. The key to this plan, reported on an annual basis to the State Engineer, is net balance of zero to the aquifer and thus no impairment to the nver. . Central Colorado Water Conservancy GrOlmdwater Sub-district has sought to eliminate the need for an annual plan for replacement to the State Engineer, by buying adjudicated surface water rights to offset depletion. In essence, this augmentation plan is simply a change in the point of diversion. Groundwater EnWater Resource Consultants September 5, 1997 Final Report 12