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.,"Ii JWeUowners IJr thaIleng. ing ~q, '. .' (>d .water rules \ QJ By Patrick O'Ori5coll Deriver Post Staff Writer CAN"ON CITY - Tougb new re- strictions lor larm wells in lbe Ar- kansas River Valley, backed by a ;ne'lly signed Colorado law, lace a Ie- .gal .!'hallenge belore tbey ever lake eflect. ; Aii)lttorney for six larm lamilies ~ill :~gue in water court bere today lbat.!be new rules - adopted to belp i>afliack Kansas lor water that Cola- hdalllegally diverjed for 40 years - -are arbitrary, capricious and amount ~"fgovernment "laking" 01 private p~y. . .. '. The rules will severely reduce or 'shut off as many as'I,500 wells in tbe ;river's lower valley unI~ tbeir own- ",rsobuy augmentation supplies to re- Y.J!lce tbe. losses. '. Tbe rules were :dralted by State Engineer Hal Simp- ;son and. backed bi SB .124 wilb new ..tate. money,. more stafl and stirr <finei! for violators. Gov. Roy Romer 'signed tbe bill MarCb I. : But Castle Rock lawyer Kevin 'Pratt claims his clients "will be dev- :astated" by the ~ell restrictions, + :wbicb be,ssid will cut their well use :by 94.5 percent to 100 percent. . 'ITb'1Y bave built farms, broken out :Iand, created lbeir bomes and tbeir daritiJies on the basis 0/ using wells to . -'--- '~-'_,;.'':':::-.:/;:'".>,:' WATER trom Page 1 B peets Colorado to "come into compli- ance as soon as possible." Pratt and attorneys for tbe state will argue several pre-trial motions here today before District 2 Water Court Judge John Anderson, who will hear the full case beginning April 8. The rules originally were to take rl irrigate their crops," said Pratt. "These rules will tell lbem tbey can no longer use tbeir wells, and iftbey want to continue. . . they must go out. and buy, in essence, a whole new set of water rights." Pratt said 80 otber families bave expressed support for the objectors. But most of the valley's affected well owners are joining water-user groups that will huy outside supplies to re- place what they bad pumped. Tbe rules came after the U.S. Su- . preme Court agreed last year with a special master's finding'tbat Colora- . do broke its 1948 pact witb Kansas by laking too mucb water. ThoUsands of wells drilled since 1948 were blamed for shrinking tbe river's flows, Tbe special master, appointed by tbe justices, next will recommend how Colorado must correct lbe prob- . lem and repay Kansas. .Pratt argues tbe rules are arbi- trary because tbey exempt smaller wells that serve homes and livestock ponds. He also complained that lbe slate "leapt. too quick to t~e task" and did not need to rush lbe.rules into effect. But Will Burt: the deputy state en- gineer, said the special master ex- 'C' -.- -. Please see WATER on 4B "'\: .' .......;. -. "'.. ',r- :"':''1".:::~: effect AprH 1, b~rtbe state will delay Implementmg tbem until the court case is decided. "Our hope is to win in the trial ~ourt," said Pratt. "Our expectation IS, the rules will be tied up in litiga- tion for years." But the state already has gathered and IS analyzing pumping data to set specific limits for each well. ~II!! ......---