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<br />, .. <br />...~. "- <br /> <br />January 3, 2003 <br />Page 2 <br /> <br />program using .above average water years to store water in the underground aquifers that provide <br />water for Douglas County, . <br /> <br />2, South Platte River Rules and Regulations: Legislation will probably be needed to <br />avoid an economic disaster on the South Platte River Basin, My staff,and I are working with Senator <br />Dave Owen, Representative Diane Hoppe, water users, and affected agencies to address well usage <br />from the alluvium of the South Platte River and the need to replace water withdrawn from those <br />wells. <br /> <br />~ <br />;,1 <br /> <br />3, Funds for Well Inspections: The General Assembly should enact a bill to increase <br />permit fees on wells by $40 per well to. fund a viable well inspection program. The drought has <br />caused thousands of wells to be replaced within Colorado. At this point, there is not a single well <br />inspector assigned to assure that wells are drilled in a manner that protects the owner of the well and <br />. protects water quality within the aquifers, <br /> <br />4. Temporary Use of Water for Instream Flow Protection: Last year's <br />unprecedented drought brought to our attention the lack of statutory authority for the State Engineer <br />to administer a temporary use by the Colorado Water Conservation Board of donated water rights for <br />"emergency" instream flow protection, Legislation is needed to provide emergency authority in a <br />situation where, for example, a fish population is fighting for survival due to low flows, and water <br />can be made available by donation or lease without injuring other water rights, <br /> <br />'j <br /> <br />, . 5, . Water Quality in Water Change Cases: As water rights are transferred from <br />agriculture to municipal uses, it is important to close a significant loophole to protect the quality of ' <br />water to meet the normal requirements for the use ,of downstream appropriator~:-A major loophole <br />exists today in Colorado water law in that water users can avoid protecting other water users from <br />injury caused by changing the water quality of the stream by merely characterizing their acts as a <br />change of water right. <br /> <br />6, Basin of Origin Protection: Today's state law is inadequate in addressing <br />appropriate economic and environmental mitigation to communities when water is taken from the <br />basin of origin, As a result, water rights cases are often held hostage in litigation for a long period of <br />time as communities try to resolve these issues in litigation in Water Court without the benefit of a <br />clear standard oflaw. The revegetation requirements under the current law involved in a change of <br />water rights case should be extended to address other environmental and economic injuries to <br />communities that result when water is taken from one basin to another,. <br /> <br />I wish you well as you address these difficult issues in the year ahead and I offer my <br />assistance, <br /> <br />Sincerely, <br /> <br />\ ~ SJ~__ <br /> <br />KEN SALAZAR <br />Attorney General <br /> <br />cc: Colorado Water Conservation Board Members <br /> <br />L <br /> <br />... <br /> <br />,{ <br />.J.. .c. ',; ."'~.. <br />