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B 005 07 <br />EXECUTIVE ORDER <br />Creating the South Platte River Basin Task Force <br />Pursuant to the authority vested in the Office of the Governor of the State of <br />Colorado, I, Bill Ritter, Jr., Governor of the State of Colorado, hereby issue this <br />Executive Order creating the South Platte River Basin Task Force. <br />1. Background and Need <br />In 1969, the General Assembly passed the Water Right Determination and <br />Administration Act (the “1969 Act”), drama tically changing the law governing tributary <br />ground water in Colorado. One of the most significant changes included a requirement <br />that all tributary wells be integrated into th e prior appropriation system. This has led to <br />debate among and instability for water us ers. For twenty-five years, up until <br />approximately 2000, ground water users had so me temporary stability by operating under <br />State Engineer approved annua l substitute water supply plan s (SWSPs), but senior water <br />users in the South Platte River Basin remain ed concerned that the temporary plans were <br />inadequate to protect their water rights. <br />From 1974 to 2001, there were approximate ly 4,000 pre-1969 wells operating in the <br />South Platte River Basin under SWSPs, whic h were authorized by the State Engineer <br />annually. In December 2001, the Colorado S upreme Court handed down its decision in <br />Empire Lodge Homeowner’s Association v. Moyer , 39 P.2d 1139 (Colo. 2001), holding <br />that the State Engineer did not have legal authority to a pprove SWSPs under the statute <br />that had historically been relied upon. <br />During the 2002 session, the Gene ral Assembly responded to the Empire Lodge decision <br />by enacting House Bill 02-1414, which was codifi ed as C.R.S. § 37-92-308. This granted <br />the State Engineer authority to review a nd approve SWSPs under specific and limited <br />circumstances. On May 31, 2002, the State Engi neer filed proposed rules with the water <br />court that would have created a process for the State Engineer to annually review and <br />approve “replacement plans,” and would have authorized continuing out-of-priority <br />depletions by pre-1972 wells. More than thir ty individual and entity water users opposed <br />the proposed rules; a handful actively supported them. <br />