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<br />~ <br /> <br />~ gets into protection of the senior surface water rights in Colorado. Rule 4 bas a very specific <br />geographic area. It is the valley fill and surficial aquifer between Pueblo and the state line as well as the <br />alluvium of Fountain Creek: and the alluvium of the Arkansas River between Pueblo and Pueblo dam. This <br />additional area was not modeled in the studies by either Kansas or Colorado, so we expanded the area slightly. <br />In this area all wells, regardless of whether they are irrigation, municipal, conunercial or industrial. will not be <br />allowed to pump after April 1, 1996 unless they operate pursuant to a plan approved by the state and division <br />engineer that replaces OO1-of-priority depletions to senior vested water rights in Colorado. The focus is in <br />Colorado, so if the Catlin Canal is calling. for instance. the plan would have to show that the wells above that <br />can replace their depletions to the Catlin call or the Fort L)'OD call. or the Amity call. h is very important that <br />we start dealing with how we protect our senior surface water rights in Colorado. <br /> <br />Rule 4 further establishes a presumptive depletion to simplify the process for determining depletions. Based <br />upon the investigations and the litigation with Kansas, we have sufficient information to determine what <br />depletions are related to certain types of irrigation applications. If it is a supplemental source of supply, if the <br />well water is used on land that is also irrigated with surface water and the method of application is flood or <br />furrow, the rule says the depletions are 30 percent of the amoWlt pumped. If it is applied on land that receives <br />no other surface water supply, a sole source and the method of application is flood or furrow, the rule indicates <br />that the depletion is 50 percent of the amoWlt pumped. And finally, if it is sprinkler irrigation, the amount of <br />depletion is 75 percenL The rule set these presumptive depletions. They were negotiated over the last several <br />months prior to the filing of the rules, and one of the key issues was to reach agreement on what those <br />presumptive depletions should be. <br /> <br />~, then, covers the rest of the basin. the area outside what we call the valley fill and surficial aquifez- and <br />Fountain Creek: alluvium. Everywhere else in the basin a well subject to these rules, pumping tributary <br />groundwater, either must stop pumping on April 1, 1996 or operate pursuant to a plan approved by the state <br />and division engineer whez-eby out-ofpriority depletions to affected senior surface water rights are replaced. <br /> <br />Discussing briefly some of the other rules in the whole set of rules that were filed with the water court -- Rule <br />11 allows a phase-in in certain respects. Beginning in 1996, we will not phase in replacement of depletions to <br />usable state line flow. All depletions to usable state line flow must be replaced in a plan approved by my <br />office. We are going to bring about compact compliance beginning in 1996. With respect to replacement of <br />depletions to senior surface water rights, we do phase that in over two years, because it is a larger amount of <br />water to acquire and it will take longer to aevelop replacement resources. In 1996,60 percent of the OO1-of- <br />priority depletions must be replaced. In 1997, all out-of-priority depletions must be replaced. <br /> <br />Rule 12 deals with how we get pumping estimates. All of these rules are driven by how much you pump and <br />by applying certain depletions to them. In 1994 I promulgated rules requiring that all well owners report the <br />amoWlt pumped on an annual basis but providing monthly values. They must be submitted by the end of <br />January following the water year. Those rules allow that the well owner can install a totalizing flow meter or, if <br />the conditions are appropriate, could utilize a power consumption or power conversion coefficient to estimate <br />the volume pumped based upon a test performed by a certified tester. Rule 12 requires that this information be <br />provided on a monthly basis. It will go to the division engineer who would then utilize certain computer <br />programs that we are developing to estimate the depletions as near as possible to the end of the previous month <br />so we can get a handle on depletions, when they ciccur, and require that replacement water be made available to <br />either the affected senior surface water rights or to the state line. <br /> <br />Rule 14 requires that an annual operating plan be submitted prior to April 1, 1996 and March I, 1997 and <br />thereafter. That plan must be approved prior to any pumping in that irrigation season. The sooner the plan can <br />~ submitted the better. We are working closely, with the water users for the 1996 year so that we can have as <br />much input and review of their plan as possible prior to April 1. <br /> <br />Arkansas River Basin Water Forum <br /> <br />25 <br /> <br />itA River of Dreams and Realities" <br /> <br /> <br />What is the current status of the rules? You may be wondering where we are. As Jim Lochhead indicated, <br />there were 18 different protests filed by the end of the protest period, the end of November. Some actually <br />were in support. Individual well owners involved in protesting the rules who are opposed to them probably <br />number less than 20 wells out of possibly 4,000 affected wells throughout the entire Arkansas River basin. <br />, <br />