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also NCWCD members, prominently, Boulder and Sterling. <br />Other signators on the objection to the emergency plan <br />included attorneys for Henrylyn Irrigation District, Harmony <br />Ditch Company, Centennial Water and Sanitation, South Adams <br />County, and Ducommum Business Trust. Even some architects <br />of the emergency plan, including Aurora and Greeley, joined <br />the initial objectors after it became apparent that the wells <br />would remain shut down. <br />Boulder's official Web site states that the city considers <br />itself harmed, and its water rights illegally infringed upon by <br />the wells. Its Web site states that "Boulder has already had to <br />release water to the South Platte on at least six days in April, <br />resulting in a reduction to Boulder water supply." <br />The requirement for junior well users to be able to meet a <br />call on the river for 365 consecutive days, three years in a row, <br />is not something new. The well owners agreed to the condition <br />some three years ago, in response to demands from surface <br />right holders. <br />Simpson says this agreement, the crux of objections, is a <br />"pretty high standard," and having a three - year -long call is a <br />scenario that has only occurred twice since 1950. The first in <br />the early 1950s, before the Colorado -Big Thompson Project <br />was fully online, and the second between 2002 -04, during years <br />of intense drought. <br />"To acquire water for year -round use means farmers have to <br />compete with cities," Simpson says, something that indepen- <br />dent farmers are generally unable to do economically. <br />But that shouldn't change the playing field, say objectors. <br />"The amount of water within their proposed plan wasn't <br />enough," says Ellinghouse. The well users "need to have suffi- <br />cient water to meet the call. They didn't have leases or water in <br />storage. They just needed to show they could get it. The plans <br />couldn't show how they could for more than one year." <br />A PERFECT STORM <br />This summer's conflict has been building for years, but it <br />has hardly been unforeseen. In the early 1990s, a University of <br />Arizona professor predicted the current situation. <br />The situation with well users on the South Platte this <br />year actually began with the state 1969 Water Rights and <br />Administration Act, says Central's Cech. Its purpose was to <br />integrate the management of surface and groundwater rights. <br />Under the act, tributary wells —those hydrologically connected <br />to surface streams —must be managed according to the prior <br />appropriation system. If wells take water away from or injure <br />another water user, they must be curtailed or shut down, which <br />is what gives the objectors, whether they have senior or junior <br />rights, the basis to file their claims. <br />The 1969 law gave the state engineer authority to allow <br />wells to bypass the priority system as long as well users <br />rented or leased surface water to offset pumping. The intent <br />was to ensure surface rights holders with higher priorities <br />weren't harmed. Substitute supply plans for renting, stor- <br />ing or buying replacement water could be approved by the <br />state engineer for defined periods. In contrast, augmenta- <br />The South Platte river, pictured near Fort Morgan, experienced below average <br />flows this spring. <br />