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South Platte River Task Force Briefing Document <br />2006 plan, the effect was to require that the augmentation wells would have to be pumped <br />by an even larger amount in 2007 and 2008. Pumping of augmentation wells creates an <br />immediate supply of replacement water but only postpones the timing of depletions, and it <br />created a future obligation that Central WAS could not meet with existing water rights and <br />assets. <br /> State Engineer Simpson informed Tom Cech, manager of Central Colorado Water <br />¼ <br />Conservancy District, on May 5, 2006 that he could not approve the Central WAS SWSP <br />as proposed, and suggested that if the plan was denied, Central WAS could appeal it to <br />the water judge to be considered together with the appeals of the approvals of the 2003 <br />and 2004 SWSPs that was set begin on May 8, 2006. <br /> Instead, the Central Board, based upon advice from their attorneys, decided to withdraw <br />¼ <br />the 2006 SWSP request. Central stipulated with the objectors that Central WAS would not <br />pursue approval of the 2006 SWSP if the objectors agreed to withdraw their appeals of the <br />2003 and 2004 SWSPs. This stipulation was incorporated into an order by Judge Klein <br />issued on May 8, 2006. The Order also stated that the Central WAS member wells could <br />not be pumped at all until the water court approved an augmentation plan. The result was <br />severe: barely a month into the 2006 irrigation season, the Central WAS wells were <br />ordered not to pump until further notice. <br /> Consistent with the withdrawal of the 2006 SWSP and the Water Court’s order, the <br />¼ <br />Division Engineer ordered all of the 449 Central WAS member wells to cease pumping. <br />Notification was done primarily via certified mail. Division staff posted notices on the well <br />sites when certified mail was not accepted. Division staff field inspected the great majority <br />of Central WAS wells, collecting power meter and flow meter information to verify <br />compliance with the stop-pumping order. As with other wells, Division staff have <br />continued to monitor these wells and have filed complaints with the water court when a <br />user has violated the order. <br /> After Central WAS withdrew its SWSP request for 2006, the Division of Water Resources <br />¼ <br />has received approximately 11 individual SWSP requests from former or existing <br />members of Central WAS. <br /> As the February 2007 trial date neared in the Central WAS augmentation plan cases <br />¼ <br />(03CW99 and 03CW177), Central WAS dropped 230 wells from the applications, leaving <br />approximately 219 wells in the plan. A disputed issue was whether or not Central WAS <br />would still be responsible for replacing depletions associated with the past pumping of <br />wells that were dropped from the plan. The water judge ruled that Central WAS did not <br />have to replace any depletions associated with dropped wells, except for those depletions <br />associated with operations under the 2003, 2004, and 2005 SWSPs. Central WAS later <br />asked for a reconsideration of that ruling, which is still pending. <br /> Approximately 6 weeks of trial for the Central WAS augmentation plan began on February <br />¼ <br />5, 2007. The majority of the trial was held in February, with portions also held in March, <br />April, and May. The last day of trial was held on May 3. On the last day of trial, Judge <br />Klein set a schedule for the filing of a proposed decree and briefs from the parties. This <br />briefing was completed and proposed rulings submitted on June 14, 2007. No ruling has <br />been entered. <br />Box Elder Creek Basin and Efforts to Create a New Designated Ground Water Basin <br /> Concurrent with the efforts of Central WAS to adjudicate its augmentation plan in 2006 <br />¼ <br />and early 2007, the Central Colorado Water Conservancy District undertook an effort to <br />create a “designated ground water basin” in the Box Elder Creek drainage basin. See <br />- 8 - <br />