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Substitute Water Supply Plan Forum September 1 2004
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Substitute Water Supply Plan Forum September 1 2004
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8/14/2012 2:39:57 PM
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Water Supply Protection
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Substitute Water Supply Plan Forum September 1 2004
State
CO
Date
9/1/2004
Title
Substitute Water Supply Plan Forum September 1 2004
Water Supply Pro - Doc Type
Meeting
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2002 <br />■ The legislature responded bypassing HB -1414, which clearly provided a <br />mechanism to obtain administrative approval allowing replacement of out of <br />priority diversions on an interim basis <br />911M <br />a <br />1HB -1001 allowed the State Engineer additional administrative authority to <br />approve temporary changes of water rights in addition to plans for augmentation. <br />Simpson v. Bijou Irrigating Com_pany et al., (need citation), affirmed the ruling of <br />the water court finding that the provisions of the proposed amended Rules for the <br />South Platte Basin, which allow the State Engineer, without an augmentation plan <br />application pending in water court, to authorize out -of- priority groundwater <br />depletions requiring "replacement plans," are in excess of his statutory authority <br />and contrary to law. The Supreme Court also noted that this ruling has no effect <br />on the existing Arkansas River basin Rules. <br />SB -73, signed into law on the same date as the ruling was announced in Simpson <br />v. Bijou; ratified the amended Rules for the Arkansas River basin and provided <br />for a three year period (2003 -2005) within which the State Engineer may approve <br />annual substitute water supply plans for wells within the South Platte River basin <br />that operated under such plans prior to 2003. <br />Implementation of Amended Arkansas Use Rules <br />As previously mentioned, the Arkansas Use Rules have a dual purpose; to protect senior <br />Colorado surface water rights from out of priority depletions caused by junior tributary <br />ground water rights and to prevent depletions to usable Stateline flow that would <br />otherwise occur as a result of pumping post- Compact wells in Colorado. <br />Under the Arkansas Use Rules, non - exempt tributary wells may not be pumped, except as <br />annually approved by the State Engineer pursuant to replacement plans as prescribed by <br />the Rules or pursuant to Court approved plans for augmentation. Some of the key <br />features of the Arkansas Use Rules are: <br />• The amount of depletions that must be replaced over time are estimated using <br />presumptive depletion factors appropriate to each well. These presumptive <br />depletion factors are multiplied by the amount of water pumped from each well, <br />each month. Where flood and furrow irrigation techniques are used, wells used to <br />supplement surface water supplies are charged 30% and where wells provide the <br />only source of irrigation water, a 50% factor is applied. It is presumed that 75% <br />of all ground water applied through sprinkler irrigation systems result in stream <br />depletions that must be replaced <br />• The required timing and location of stream depletions are determined using <br />modeling techniques applied to monthly pumping data. <br />• The State Engineer may approve use of-senior surface water rights that are not <br />decreed for augmentation purposes as replacement sources for a period of up to <br />10 years. <br />2 <br />a <br />f <br />
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