Arkansas Ground Water Rules Implemented in Horse Creek Basin: Colorado Stream Lines Newsletter

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Newsletter, Colorado Stream Lines http://water.state.co.us/Article5.htm Quarterly Newsletter of the Division of Water Resources Look for the State Engineer's Annual Report on line at http:/ /Water.state.co.us /annirpt.htm. A Look Back at the Amended Arkansas Rules Excerpts from a speech by Steve Witte Division Engineer, Water Division 2, to the Arkansas River Forum Despite the risks inherent in the analogy, and given that I will never have any experience in real childbirth because of my gender, the experience of implementing the Amended Rules Governing the Diversion and Use of Tributary Ground Water was very much like childbirth.... • It seemed as though "the time" would never come. • The delivery was painful and messy. • The parents were glad when it was over and not particularly looking forward to the next time. • Most everyone seems to agree that although the baby needs to do some growing ... it's not all that bad looking. A year ago at this time there was no certainty that "new rules" would become a reality. Following the U.S. Supreme Court's decision in May 1995, which upheld Special Master Littleworth's conclusion that post- Compact pumping in Colorado had caused material depletions to the usable stateline flows of the Arkansas River Compact, Kansas filed a motion to enjoin well pumping in excess of 15,000 a.f. per year. In September of 1995, Colorado filed its amended use rules and the special master denied Kansas' motion for injunction in which it was noted that "Colorado is now moving through its own statutory and administrative procedures in order to develop pumping controls and procedures to offset depletions." The basic premise of the amended rules was to require all high capacity, tributary well owners to replace out -of- priority depletions to senior surface water rights in accordance with an approved plan, or to discontinue pumping as of the effective date of the rules. In addition, post- Compact irrigation wells in the valley fill and surficial aquifers along the Arkansas River between Pueblo and the stateline must replace depletions to usable stateline flow in accordance with an approved plan, or discontinue pumping beginning in 1996. A number of parties filed pleadings in support of the proposed rules and six parties filed objections. As a result of these objections, an eight -day trial before Judge Anderson took place in April, 1996. On April 30, 1996, the judge issued his ruling fully upholding the amended rules and setting the effective date of June 1, 1996. This allowed only a month for well owners to 1 of 3 09/11/97 12:33:58