C153771 Feasibility Study

• Contract/PO #: C153771
• Contractor Name: Horse Creek Water Users Association
• Contract Type: Loan
• Water District: 17
• County: Crowley
• Bill Number: HCL
• Loan Projects - Doc Type: Feasibility Study

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HORSE CREEK BASIN WATER RIGHTS ADMINISTRATION

In January of 1969, Box Springs requested that the State Engineer discontinue the
issuance of well permits in the basin. Box Springs notified the State Engineer's office in
January of 1973 concerning junior and possibly illegal upstream diversions that were
affecting Horse Creek streamflow. Later that year in December, Box Springs placed a call
for water on the entire upper basin.

In 1976, Smith Cattle Company requested that the pumping from the Preisser wells
(located in upper Horse Creek basin) be curtailed. In response, the Division Engineer
ordered that the Arkansas River Rules and Regulations be applied such that pumping would
be curtailed to three days per week, In 1977, the Division Engineer reversed his decision
to use the Arkansas River Rules and ordered strict priority administration of the Preisser
wells. Priority administration remained until 1981 when the Division Engineer applied
Arkansas River Rules and rescinded strict priority administration. The administration efforts
have not been successful in resolving the controversies among the basin water users.

In 1987, the Water Court determined that the Arkansas River Rules do not apply
to the Preisser wells. This judgment was appealed to the Colorado Supreme Court by the
State Engineer. The Colorado Supreme Court affirmed the judgment.7

On August 3D, 1988, the Water Court in Case No, 86CW91 ordered the State
Engineer to prepare a proposed plan for administration of the Horse Creek basin water
rights. Pursuant to the Court's order, the State filed its Horse Creek Basin Study in March
1989. In accordance with the Court's December 7, 1989 order, the State filed its Horse
Creek Basin Study Phase I in March 1990.

In 1990, the Water Court in Case No. 86CW91 ruled that illegal wells be curtailed
prior to any administration of junior decreed wells. This ruling was affirmed by the

7State Engineer v. Smith Cattle Co., Inc., 780 P.2d 546 (Colo. 1989).

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