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South Platte River Task Force Briefing Document about the constitutionality of the procedures. Specifically, the Supreme Court stated in dicta that the lack of notice to interested parties, coupled with the presumptive effect to be given to the State Engineer’s findings concerning the adequacy of an augmentation plan, raised due process concerns. 191 Colo. at 76, 550 P.2d at 305. Because the 1974 Amended Rules included guidelines for use of the temporary ¼ augmentation plan statute, the State Engineer considered that aspect of the 1974 Amended Rules to be obsolete as a result of the repeal of § 37-92-307. However, the basic replacement criteria included within the 1974 Amended Rules continued to be followed by the State Engineer as required by § 37-92-501.5. GASP and Central In the early 1970s State Engineer Kuiper encouraged well owners to form associations or ¼ conservancy districts to develop plans to replace well depletions that occurred when there was a call on the South Platte River, which in the 1970s, 1980s and 1990s was usually only during the months of July and August. GASP (Groundwater Appropriators of the South Platte) was established in 1972 ¼ (approximately 4,000 wells) and the Central Colorado Water Conservancy District’s Ground Water Management Subdistrict (“Central GMS”) was formed in 1973 (approximately 1,000 wells). Both organizations operated under annual SWSPs approved by the State Engineer under C.R.S. § 37-80-120. Both plans relied on the fact that the period for senior calls was very limit ed due to generally good runoff conditions. This practice continued under State Engineer Jeris Danielson from 1980 to 1991. While ¼ State Engineer Hal Simpson continued this annual approval of SWSPs starting in 1992, he included in each letter of approval a strong warning that both organizations needed to prepare for a drought condition and acquire more water. Central GMS did acquire more water since it had a tax base to use to secure and pay off indebtedness. GASP did not have this ability and relied solely on annual assessments to each well owner based on acre-feet pumped. 2000-2003: Empire Lodge and Simpson v. Bijou Decisions; HB 02-1414 In 2000, litigation was initiated in the Arkansas River basin between the Empire Lodge ¼ Homeowners Association and Anne and Russel Moyer. The dispute involved access issues, but a fight over water also developed, and the issue was the State Engineer’s approval of a SWSP under C.R.S. § 37-80-120 that allowed a trout pond to be filled by exchange out of the Arkansas River up a small tributary. The water judge ruled that the legislature did not give the State Engineer authority to approve SWSPs. This ruling was appealed to the Colorado Supreme Court, and in December 2001, the Court’s decision in Empire Lodge Homeowner’s Association v. Moyer , 39 P.2d 1139 (Colo. 2001), affirmed the water court’s decision that the State Engineer did not have legal authority to approve SWSPs under the statute (C.R.S. § 37-80-120) that had historically been relied upon. The Empire Lodge case had a direct and immediate impact on the administration of water rights in the South Platte River basin, since the State Engineer no longer had authority to approve SWSPs, including the large plans covering thousands of wells that were operated by Central GMS and GASP. One remaining question was whether the operation of the pre-1972 wells had to be ¼ adjudicated by the water court under augmentation plans, or whether operation of these - 4 -