C153808 Feasibility Study

• Contract/PO #: C153808
• Contractor Name: Arkansas Groundwater Users Association
• Contract Type: Loan
• Water District: 14
• County: Pueblo
• Bill Number: ARA
• Loan Projects - Doc Type: Feasibility Study

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Chapter 1/ - Description of Arkansas Groundwater Users Association

The Arkansas Groundwater Users Association (AG UA) is a Colorado nonprofit corporation

incorporated on January 12, 1995 to "protect and develop the surface and underground waters of the

State of Colorado in the Arkansas River Basin..." (page 1, Articles of Incorporation). The members of

AGUA are well owners who have joined together for the purpose of including their well pumping in

an Arkansas River Replacement Plan in order to replace the depletions to the alluvial and surficial

aquifers in the Arkansas River Basin resulting from the use of their wells. AGUA's current membership

is over 400 wells, with members located from Salida to Las Animas, including a large number of

members located in the Fountain Creek Basin.

AGUA's 1997 Plan Year Arkansas River Replacement Plan (the 1997 Plan) was prepared March 1,

1997 and approved by the State of Colorado Division of Water Resources. The 1997 Plan covers the

period of April 1997 through March 1998. One stJbsequent amendment to the plan dated April 18,

1997 was approved by the State, and a second amendment was submitted September 8, 1997. The

amendments included addition or deletion of several wells, changes to calculated stream depletions

associated with several wells, and changes to AGUA's portfolio of replacement water. The original

plan, a copy of which is enclosed with this report, was prepared in accordance with The Amended

Rules and Regulation Governinl! the Diversion ann Use of Tributary Groundwater in the Arkansas

River Basin Colorado (the Arkansas River Basin Rules). A copy of the second amended plan is also

enclosed. To fulfill it purposes, AGUA leases water for the replacement of stream depletions accruing

to Fountain Creek and Arkansas River due to the pumping by member wells. AGUA depends on

annual leases of excess water from various sources and does not own any of the water used for

replacement of stream depletions.

AGUA is a nonprofit perpetual corporation formed to, among other reasons "Develop, obtain,
adjudicate, and deliver to and otherwise provide protection for its members by augmentation or other
water supplies." A copy of the Articles of Incorporation, adopted January 12, 1995 is included in
Appendix A. A copy of the By-Laws, adopted March 17, 1994 is included in Appendix B.

The powers and authorities of AGUA as exercised by the Board of Directors are listed in Appendix B
under Article IV, Paragraph 5, and specifically incltJde that "The Board of Directors shall have general

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