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Last modified
1/26/2010 4:17:46 PM
Creation date
10/8/2007 2:29:18 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8420.500
Description
South Platte River Basin Task Force
State
CO
Basin
South Platte
Date
6/1/2007
Author
Water Resources
Title
Report for the SPTF - Well Regulation in the South Platte River Basin of Colorado
Water Supply Pro - Doc Type
Report/Study
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South Platte River Task Force Briefing Document <br />C.R.S. § 37-90-103(6). The drainage of Box Elder Creek extends from its origin just south <br />of Interstate 70 near Watkins, northward to where it joins with the alluvial aquifer of the <br />South Platte River approximately ten miles southeast of Greeley. <br /> As proposed, the basin would have encompass ed a number of the wells included in the <br />¼ <br />Central WAS augmentation plan application, along with many of the wells in the decreed <br />Central GMS augmentation plan. If successful, this effort would have removed the area <br />that was subject of the proposed designated ground water basin from the jurisdiction of the <br />water court and the provisions of 1969 Act. Instead, the subject area would have been <br />under the administrative jurisdiction of the Colorado Ground Water Commission <br />(“Commission”) pursuant to the 1965 Act. This would have had numerous implications, <br />the most important to Central WAS being the fact that well owners would no longer be <br />affected by the South Platte Rules and the augmentation requirements included therein. <br />The details of that effort are as follows: <br /> On March 6, 2006, John Moser, a well owner in Box Elder, along with the Central <br />¼ <br />Colorado Water Conservancy District (“Petitioners”), filed with the Commission a Petition <br />to create a new designated ground water basin, to be known as the Box Elder Creek <br />Designated Ground Water Basin. This would have been the first such basin created within <br />the last twenty years; most were created during the 1960s and 1970s, under the <br />provisions of the 1965 Act. See C.R.S. § 37-90-106. <br /> At its regular May, 2006 meeting, the Commission heard argument from concerned water <br />¼ <br />users regarding the appropriateness of the petition. After reviewing briefs from the <br />Petitioners and parties opposing the designation and hearing additional argument, the <br />Commission, at its August 2006 meeting, ordered that the petition be published and <br />referred to a Hearing Officer for determination. <br /> A nine-day hearing was conducted by the Hearing Officer during the period of January 16 <br />¼ <br />through January 30, 2007. During that time the Petitioners presented a case in support of <br />the creation of a designated ground water basin, including significant expert testimony <br />regarding the hydrogeology of the Box Elder Creek drainage. Numerous objectors also <br />presented evidence and expert testimony. After hearing all of the testimony and evidence, <br />on February 20, 2007 the Hearing Officer issued a decision recommending that the <br />Commission dismiss the petition. On May 18, 2007, at its regular meeting, the <br />Commission voted to affirm the Hearing Officer’s decision, effectively dismissing the <br />petition. <br /> The effect of this decision is that the wells in the Box Elder Creek basin remain under the <br />¼ <br />jurisdiction of the water court and are subject to the augmentation requirements of the <br />1969 Act and the South Platte Rules. The petitioners filed a “Notice of Appeal and <br />Complaint for Judicial Review” in the Weld County District Court on June 14, 2007, to <br />appeal the decision of the Hearing Officer and the Commission. There is no additional <br />information regarding the status of that action at this time. <br />II. Basin Facts and Issues <br /> In addition to this chronological background, following are some pertinent facts and <br />issues regarding the current situation on the South Platte River. <br /> Basin Description <br />¼ <br /> Total South Platte River basin drainage area is 23,138 square miles. <br />Í <br /> Precipitation averages 10 to 17 inches per year <br />Í <br />- 9 - <br />
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