Laserfiche WebLink
SOUTH PLATTE RIVER TASK FORCE <br />Options for Further Consideration <br />Comments, Responses and Questions <br />Prepared by Senior Users an d Augmentation Decree Holders <br />August 22, 2007 <br />In accordance with the Governor’s Executive Order entitled “Creating the South Platte River Basin <br />Task Force,” the Task Force is charged with clearl y articulating the problems faced by water users in <br />the South Platte River Basin and recommending potential solutions. Specifically, the Task Force is to <br />consider whether there are any changes to current wate r law or policy that will provide relief to junior <br />ground water users without injuri ng senior water right holders. <br />Consistent with the executive order, in consid ering these recommendations, the senior water right <br />holders believe it is important for th e Task Force to first clearly articulate the problem faced by all <br />water users in the South Platte River Basin, including junior we ll owners and owners of water rights <br />which are adversely affected by operation of junior wells, before considering any changes to the law <br />or administration of water rights. <br />The Task Force discussed certain recommendations fo r changes in the legal system governing well use <br />at its July 27 and August 13, 2007, meetings. At th e close of the August 13 Task Force meeting, Mr. <br />Sherman, the co-chair, proposed that the Task For ce give additional consideration to five of the <br />options under discussion at the next meeting on August 27. These options raise important legal and <br />engineering questions which the Task Force should c onsider in its deliberations, many of which have <br />not been discussed at previous Task Force meetings. With this document, cer tain Senior Water Right <br />Users and Augmentation Decree Holders are please d to provide additional information on these <br />options for consideration by the Task Force . The comments provided by the Senior Users and <br />Augmentation Decree Holders follow in italics. <br />Option 1: <br />1) Statutory change to provide amnesty on repl acement obligations for depletions resulting <br />from pre-1974 pumping. <br />a. Well depletions reduce the flow of the Sout h Platte River regardless of when the <br />pumping that created the depletions occurre d. The failure to replace the current and <br />future depletions still occurring from pre- 1974 pumping will injure other water users. <br />This proposal will result is a redistribution of water from senior water users to junior <br />wells and is beyond the scope of the Task Fo rce’s charge as set forth in the executive <br />order. <br />b. The nature of the proposed amnesty has not been clearly defined for the Task Force. Is <br />this amnesty proposed to apply statewide or onl y within the South Platte River Basin? <br />Is the amnesty proposed to apply only to wells that do not yet have an augmentation <br />plan in place, or to wells within already -decreed plans? The majo rity of augmentation <br />plans do not provide amnesty for depleti ons from pre-1974 pumping. Those that do <br />include amnesty for depleti ons arising from pre-1974 pum ping do so as one of many <br />complex terms and conditions which, taken as a whole, assure that all water users <br />would be protected from injury by th e plan. Changing one term of a carefully <br />negotiated decree would underm ine the overall protective effect of such decrees. <br />