LEG00155

• Bill Number: SB04-222
• Year: 2004
• Title: Concerning state engineer management in division 3 aquifers
• Legislation - Doc Type: Other CWCB Related Bills - Passed

778

Water and Irrigation

Ch, 235

(11) UNCONFINED AQUIFERS SERVE AS VALUABLE UNDERGROUND WATER STORAGE
RESERVOIRS WITH WATER LEVELS THAT FLUCTUATE IN RESPONSE TO CLIMATIC
CONDITIONS, WATER SUPPLY, AND WA TERDEMANDS, AND SUCH FLUCTUA TrONS SHALL
BE ALLOWED TO CONTINUE;

(lll) FLUCTUATIONS IN THE ARTESIAN PRESSURE IN THE CONFINED AQUIFER SYSTEM
HAVE OCCURRED AND WILL CONTINUE TO OCCUR IN RESPONSE TO CLIMATIC
CONDITIONS, WATER SUPPLY, AND WATER DEMANDS. SUBJECT TO SUBPARAGRAPH
(IV) OF THIS PARAGRAPH (a), SUCH PRESSURE FLUCTUATIONS SHALL BE ALLOWED
WITH THE RANGES THAT OCCURRED DURING THE PERIOD OF 1978 THROUGH 2000,
ARTESIAN PRESSURES SHALL BE ALLOWED TO INCREASE IN PERIODS OF GREATER
WATER SUPPLY AND SHALL BE ALLOWED TO DECLINE IN PERIODS OF LOWER WATER
SUPPLY IN MUCH THE SAME MANNER AND WITHIN THE SAME RANGES OFFLUCTUA TION
AS OCCURRED DURING THE PERIOD OF 1978 THROUGH 2000, WHILE MAINTAINING
AVERAGE LEVELS SIMILAR TO THOSE THAT OCCURRED IN 1978 THROUGH 2000,

(IV) NOTHING IN SUBPARAGRAPH (1) OR (11) OF THIS PARAGRAPH (a) SHALL BE
CONSTRUED ElTHER TO RELIEVE WELLS FROM THEOBLlGA TlONTO REPLACE INJURIOUS
STREAM DEPLETIONS IN ACCORDANCE WITH THE RULES ADOPTED BY THE STATE
ENGINEER OR TO PERMIT THE EXPANDED USE OF UNDERGROUND WATER; AND

(V) UNDERGROUND WATER USE SHALL NOT UNREASONABLY INTERFERE WITH THE
STATE'S ABilITY TO FULFILL ITS OBLIGATIONS UNDER THE RIO GRANDE COMPACT,
CODIFIED IN ARTICLE 66 OF THIS TITLE, WITH DUE REGARD FOR THE RIGHT TO ACCRUE
CREDITS AND DEBITS UNDER THE COMPACT,

(b) IN ADOPTING RULES PURSUANT TO PARAGRAPH (a) OFTHISSUBSECTION(4), THE
STATE ENGINEER SHALL:

(I) RECOGNIZE CONTRACTUAL ARRANGEMENTS AMONG WATER USERS, WATER USER
ASSOC1ATIONS, WATER CONSERVANCY DISTRICTS, GROUND WATER MANAGEMENT
SUBDISTRICTS, AND THE RIO GRANDE WATER CONSER V ATlON DISTRICf, PURSUANT TO
WHICH:

(A) WATER IS ADDED TO THE STREAM SYSTEM TO ASSIST IN MEETING THE RIO
GRANDE COMPACT DELIVERY SCHEDULES OR TO REPLACE DEPLETIONS TO STREAM
FLOWS RESULTING FROM THE USE OF UNDERGROUND WATER; OR

(B) SUBJECT TO SUBPARAGRAPHS (I), (II), AND (III) OF PARAGRAPH (a) OF THIS
SUBS~ON ('!2, INJURY TO SENIOR SURFACE WATER RIGHTS RESUj. TIl>!.G.fR"O~J:HE.USE._
OF UNDERGROUND WATER IS REMEDIED BY MEANS OTHER THAN PROVIDING WATER TO
REPLACE STREAM DEPLETIONS,

(11) ESTABLISH CRITERIA FOR THE BEGINNING AND END OF THE DIVISION 3
IRRIGA nON SEASON FOR ALL IRRIGATION WATER RIGHTS;

(III) NOT RECOGNIZE THE REDUCTION OF WATER CONSUMPTION BY
PHREA TOPHYTES AS A SOURCE OF REPLACEMENT WATER FOR NEW WATER USES OR TO
REPLACE EXISTING DEPLETIONS, OR AS A MEANS TO PREVENT INJURY FROM NEW
WATER USES; AND