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tion plans are long -term and must be <br />approved by a water court. <br />If an extended drought had <br />occurred sooner, the substitute supply <br />plans' shortcomings might have been <br />exposed earlier. Simpson warned well <br />users in the 1990s that they needed <br />long -term plans. <br />But the storm clouds had already begun <br />to gather. "The mismatch between the <br />water laws and regulations and the goal of <br />incorporating groundwater into the prior <br />appropriation system became relatively <br />clear very early on," wrote Edella Schlager <br />in an e-mail interview in May. She's an <br />associate professor in the University of <br />Arizona's School of Public Administration <br />and Policy. "Strictly enforcing the prior <br />appropriation doctrine against wells by <br />requiring decreed plans of augmentation <br />will not work." <br />Although some groups of wells users, <br />such as the now- defunct Groundwater <br />Appropriators of the South Platte, <br />tried to find stop -gap solutions, they <br />failed according to Schlager's research, <br />because the "well problem is beyond the <br />authority and ability of well associations <br />or the state engineer." <br />The storm began in December 2001, <br />when the Colorado Supreme Court ruled <br />in Empire Lodge Homeowners Association <br />vs. Moyer, limiting the ability of the state <br />engineer to approve short -term substitute <br />water supply plans involving augmen- <br />tation or changes of water rights. This <br />meant well users, if they had not done <br />so already, would have to apply for full - <br />fledged augmentation plans. <br />Then came the drought. By May <br />2002, it was beyond anyone's expecta- <br />tions. Water lease prices skyrocketed <br />to $600 per acre foot from $30, says <br />Cech. Meanwhile, the cities kept grow- <br />ing and searching for new water sup- <br />plies at a rapacious pace. <br />In 2003, the Colorado Supreme Court <br />decided the state engineer lacked leg- <br />islative permission to authorize annual <br />substitute supply plans allowing junior <br />groundwater wells to pump out -of prior- <br />ity, if the well owners had not filed for <br />court - decreed augmentation plans. <br />This decision applied specifically to <br />tributary groundwater wells in the South <br />Platte Basin, and not to groundwater <br />depletions in the Arkansas Basin. This <br />is because the General Assembly had <br />already approved a set of rules govern- <br />ing groundwater depletions in that area. <br />In the same week as the Supreme <br />Court's decision, Governor Bill Owens <br />signed legislation authorizing the state <br />engineer to approve temporary substi- <br />tute supply plans for junior wells, if <br />adequate replacement water could be <br />found and supplied to the stream. This <br />legislation gave South Platte well own- <br />ers three years to file their augmentation <br />plan applications in water court. <br />"It was a perfect storm," says Cech. <br />"Everything just lined up. If any one thing <br />hadn't, we would have just gone on the <br />way we had been." <br />Some think it's been more of a slow <br />downward spiral into water bankruptcy. <br />The well users, Boulder's Ellinghouse <br />says, "have taken water, knowing they <br />were incurring an obligation, racking up <br />the equivalent of credit card debt, know- <br />ingly" accumulating a debt of water they <br />owed the surface rights holders. <br />"I've been working on this issue for <br />more than a decade," she says. "It had <br />been simmering for years. The 2003 (law) <br />gave them amnesty. The well owners got <br />three years to get their act together." <br />Getting their act together for the major- <br />ity of well users has been like "starting <br />from scratch" says Skyler Loeffler, a Central <br />board member and Weld County property <br />owner. Groundwater subdistrict members <br />had to purchase more water at escalating <br />prices to keep their wells active. <br />Cech concedes the turn of events <br />wasn't unexpected. He says only some <br />of the farmers will survive. "For a lot of <br />(Central's) members it's like a death," he <br />says. "There's shock, anger, frustration, <br />grief. At some point, you have to move <br />on and that's what's really hard. It is a <br />death. It hurts." <br />"It took a drought to show us what <br />was going on, how important augmenta- <br />tion plans are," says John Rusch, a former <br />Central board member who now serves on <br />NCWCD's board. A Morgan County farmer <br />and resident, Rusch has wells and senior <br />surface water rights, as well as friends on <br />both sides of the issue. "We're building <br />these plans now, during a drought." <br />Schlager believes that diverting the <br />current chain of events from its ongoing <br />path would require revisions to the state <br />constitution, and major legislation. <br />"That means many people will have <br />to be involved and a general consensus <br />among citizens and public officials will <br />have to develop," she writes. "That is not <br />an easy effort to undertake and usually is <br />not done unless a major crisis strikes." <br />But Schlager is hopeful. <br />"There are reasons to be optimistic 10 <br />and 20 years out," she writes. "Colorado <br />citizens, water users and elected officials <br />have proven to be innovative problem <br />solvers in the past and they will continue <br />to be so. Colorado's constitution, water <br />laws and water administration encour- <br />age and allow for considerable local gov- <br />ernance and the development of local <br />solutions to local problems. <br />"Long term solutions to the well crisis <br />will require crafting different arrangements <br />for different local water settings." ❑ <br />Farmland near Fort Morgan lies fallow for want of irrigation water. <br />