PUB00057

• Year: 1978
• Title: The Colorado Water Study Directions for the Future
• CWCB Section: Water Conservation & Drought Planning
• Author: EDO DNR
• Description: First publicatiom of the Colorado Water Study volumes
• Publications - Doc Type: Brochure

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large number of water users. Therefore, the water study will include
a special analysis of several specific water law issues:

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1. The plan for augmentation. This special study discusses
the origins, impacts, and implications of plans for aug-
mentation, as defined in the 1969 revisions to Colorado
water law. The study examines some of the problems of
conjunctive management of surface waters and ground water
resources. This includes examination of the respective
rights of surface diverters and examination of wells in
aquifers which are tributary to surface streams.

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2. Senate bill 213 wells. A related problem is that of the
so-called "S.B. 213" wells, as specified under sec. 37-90-
137(4), C.R.S. 1973. The law provides for the issuance of
permits for wells in non-tributary ground water sources
not included in a designated ground water basin. A number
of issues arise:

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a. Whether such ground water is subject to the doctrine
of prior appropriation or to a doctrine of limited
ownership of water by the overlying landowner.

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b. Whether the statute contemplates a continued regula-
tory authority over such wells by the state engineer.
If so, are such wells to be administered on a priority
basis, a non-injury basis, or on some other basis?

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c. Whether the rate of pumping from such aquifers should
be limited. If so, what rate of drawdown is best,
and how should the drawdown be measured?

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d. Whether owners of existing wells in the same aquifer
may enjoin or limit the drilling of new wells or the
rate of pumping in other wells.

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3. Flow decrees v. volume decrees. From time to time it has
been suggested that Colorado adopt a decree system that
incorporates volumetric limits on water use, rather than
the flow limitations now in use. The water study will
briefly discuss the respective merits and liabilities of
each system and the practical problems involved in con-
version to a volumetric system.

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