Headwaters Summer 2006 - Laserfiche WebLink

Home Browse Search

Colorado Ground Water Commission Governs Wells on the Plains The 12- member Colorado Ground Water Commission met May 19. On their agenda was a review of recent groundwater disputes in the Republican River Basin. The commission helps regulate groundwater in the eastern plains' eight designated basins. Almost a quarter million groundwater wells in Colorado fall under a different set of rules than other wells or water rights for streams and rivers. These wells are regulated by the Colorado Ground Water Commission, a 12- member panel created by the state legis- lature in 1957 to help address groundwater usage and water level declines in the Ogallala aquifer, underlying the state's eastern plains. At that time, state law said that all groundwater should be regulated like surface water, according to the prior appropria- tion system of "first in time, first in right." But as scientists and water users understood more about the hydrology of water stored in underground rock formations, they realized perhaps not all groundwater was connected to rivers, and that not all should be regulated the same way. This commission went on to establish "designated ground- water basins," specifying regions in eastern Colorado where the principal reliable source of water supply is groundwater not hydraulically connected to surface water. The eight designated groundwater basins, spread from the Wyoming to New Mexico state lines are Lost Creek, Kiowa- Bijou, Upper Big Sandy, Upper Black Squirrel Creek, Upper Crow Creek, Northern High Plains, Camp Creek and Southern High Plains. REGULATING GROUNDWATER ON THE HIGH PLAINS The commission, which functions with help from the Division of Water Resources, has the state engineer as its executive director. It relies on local groundwater management districts to consult with the commission on groundwater use in the desig- nated basins. Currently 13 such districts exist in Colorado. Inside the designated basins, the commission and districts have authority to issue large- capacity well permits, issue changes in water rights and replacement wells, and create rules and policies to govern groundwater use. The commission holds hearings on disputes and views evidence in a courtroom -like environment, with attorneys usually speaking on behalf of clients. If parties disagree with the commission's decisions, they appeal to the district court located in the county where the well is located. Rules adopted by the legislature in 1971 require the gover- nor to appoint nine of the commissioners, who are confirmed by the state senate. Six of the commissioners must represent agriculture in the basins, with no more than two from the same basin serving concurrently. State law also requires that one agricultural representative be from the Rio Grande basin and two members represent municipal or industrial water users. One commissioner must reside on the West Slope. In addition, three ex- officio members sit on the commis- sion: the state engineer, executive director of the Department of Natural Resources and the director of the Colorado Water Conservation Board. Of those, only the Department of Natural Resources executive director can vote. Commissioners serve four -year terms and many are appointed for at least two terms, says Marta Ahrens, the commission's public information officer. Ahrens, who also has been the commission's secretary for 13 years, says public inter- est in serving on the commission varies across the state. More applications usually come from areas where groundwater is a primary source of water. Colorado Designated Groundwater Basins HEADWATERS I S U M M E R 2 0 0 6 23