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<br />. <br /> <br />. <br /> <br />. <br /> <br />South Platte River Basin Issues <br /> <br />There remains considerable concern about the ability of wells owners in GASP to pump <br />this year since there is currently no legal mechanism for the State Engineer or Water <br />Court to approve a substitute water supply plan for the 2003 season. SB03-73 would <br />address this issue and allow the State Engineer to approve a substitute water supply plan <br />if adequate replacement water is acquired and with the improving water supply <br />conditions, this is a possibility. It would be a tragic situation if there is no legal <br />mechanism to allow pumping but there are those who oppose SB03-73 and are expending <br />considerable sums of money to lobby against this important legislation. <br /> <br />Weare also waiting on a decision from the Colorado Supreme Court concerning the <br />authority ofthe State Engineer to promulgate rules for replacing out-of-priority <br />depletions by wells constructed prior to 1972. The Division Water Judge ruled on a <br />motion for summary judgement that such authority does not exist under existing statutes. <br />This decision created the legal catch-22 for GASP wells owners. <br /> <br />Weare reviewing substitute water supply plans for several augmentation groups that filed <br />applications for approval of plans for augmentation with the Division 1 Water Court by <br />December 31, 2002. This authority to approve these plans was granted under HB-1414 <br />last year. <br /> <br />Arkansas River Basin Issues <br /> <br />Weare expecting a draft report in April from Special Master Littleworth on the final trial <br />segment ofthe compact litigation that began in 1985. This report will address future <br />compact compliance requirements and is very important to well owners in the basin. We <br />are meeting on March 25 with staffto consider in detail the approval of replacement <br />plans for the twelve separate plans that must be approved in final form by March 31. At <br />this time there is not much water available for replacement purposes and the amount of <br />pumping that can be allowed this season appears to be sufficient for some cities and <br />feedlots that have a greater need than irrigators. However, if we continue to get <br />precipitation, this situation could improve. <br /> <br />Rio Grande Basin Issues <br /> <br />The Rio Grande Compact meeting is to be held in EI Paso on March 27 and we expect the <br />main discussion to be on water for the endangered Silvery Minnow. We also expect New <br />Mexico to offer to relinquish some of its credit water to users of Rio Grande Project <br />water below Elephant Butte Reservoir. Unofficially, New Mexico has a credit of265,000 <br />a-fand Colorado has 42,800 a-f at the end of2002. Under the compact, Colorado and <br />New Mexico can not store water in post-compact reservoirs ifthe amount ofproject <br />water in Elephant Butte Reservoir is less than 400,000 a-fwhich is the situation now. <br />New Mexico may want to store water in post-compact El Vado reservoir and possibly <br />others for the benefit of its water users. Colorado water users do not want to relinquish <br />credit water at this time and prefer to use up its credit this year by under-delivering <br />