PROJ00283

• Contract/PO #: FS0009X
• Contractor Name: Swink, Town of
• Contract Type: Loan
• Water District: 0
• County: Otero
• Loan Projects - Doc Type: Feasibility Study

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RF 406*
97l5-F

Adjudication Amount of
Case Priori ty Water
No. Date Adjudicated Depth
W-2595 2/6/1909 65 gpm 768'
W-2595 8/31/1921 25 gpm 562'
W-2594 11/25/1965 475 gpm 50'
W-2594 1/1/1937 175 gpm 52'
W-2594 7/1/1946 125 gpm 33'

Well
No.

. State
Engineer's
Reg. No.

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~Replacement Well

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All five of the wells were adjudicated in October, 1973 and the Town was
awarded "certain absolute underground water rights." The water supply to the
wells drilled into the alluvial acquifer comes entirely from the river supply.
The wells are supplied either directly from the river or by intercepting the
groundwater flow before it reaches the river. Therefore, the underground
water rights may be considered as equivalent to surface water rights of equal
priority date with an alternate means of diversion. All three of the alluvial
wells have relatively recent priority dates, the earliest being 1937. Strict
administration of the river by the State Engineer is currently being processed
by the Courts. Dependent on the determination by the courts, the three alluvial
wells may be limited to pumping only three or four days per week. This is
not expected to cause a significant water shortage to the Town of Swink until
late in the design period. It may require construction of additional storage
facilities earlier in the design period in order to meet maximum'month, maximum
week, maximum day, and peak hour demands.

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The water rights established on the deep wells are relatively secure. Re-
placement wells into these acquifers can be obtained without undue legal
problems. However, additional water rights from the deep acquifers represents
quite a different problem. All well permits, appropriations and water are
controlled in accordance with State Law SB-2l3 and policy guidelines of the
Colorado Groundwater Commission. Annual appropriations and well permits are
issued based on 1/100 of the estimated life of the acquiferunderlying the ;
area of use. All prior use and appropriations would be deducted from the
estimated 1/100 acquifer life figure and the balance ~ould be appropriated
to the applicant. This process is further complicated by a recent court
ruling that the water rights on non-tributary acquifers belongs to the land
owner. What this is currently being interpreted to mean is that in order for
the Town to drill additional wells into these acquifers and use this water,
they must obtain consent from all land owners within the affected area. In
the case of a town it is nearly impossible to obtain consent from all land owners
within the town limits. For the town to obtain additional water supplies from
these acquifers does not, at the present time, seem to be a feasible alternative.

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2.4 STORAGE AND DISTRIBUTION SYSTEMS

The town operates on a dual system. "Soft" (potable) water is supplied by
the two deep wells, provided limited treatment and then pumped to the "soft"
water storage and distribution systems. All dwelling units and commercial
establishments are connected to the "soft" water distribution system. "Hard"

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