WSP01080

• File Number: 8407.500
• Description: Platte River Basin - River Basin General Publications - Missouri River
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 6/1/1978
• Author: Missouri Basin Inter
• Title: Missouri River Basin Comprehensive Framework Study-revised Volume III-Law-policies-and Administration-Appendix
• Water Supply Pro - Doc Type: Report/Study

OfJ1355

tities of ground water can be found which do not contribute to
the supply of water for adjudicated surface rights. Specific
examples are the Closed Basin of the Rio Grande and the
Republican River drainage in the High Plains area. WeUs in
these areas. if in sufficient number, will compete with each
other as surely as do ditches from surface streams.
DeslgnlJted groLlnd W;j(cr is subject to :.Jppropriatilm
and is defined in the law as follDws:

I. ThaI ground waler which in its natural course
would not he JVJilnble to Jnd required for the ful-
fillment of decreed surface rights.

2. Ground water in areas not adjlJcent to a continu-
ously nowing natur<.tl stream. wherein ground water
withdrawals have comlllutcd the prllldpJI W<lter
llsClge for :H least 15 years preceding January I,
, 965.35

The law pruvides for a ground water commission
which has the authority to estJblish designated ground
W<lter basins ill aCl:ord.mce with the definition of desig-
nated grl)und \I,.'ater as above set forth. The procedure
for eslablishlllg sl!(h ground water basins is set forth
in the legisl:Jliol1 which includes public hearings and
public3tion.
After having design:!ted a ground w::Jler basin. the
cummission. Ihrough the state engineer. will issue per-
mits 1'01 the use of ground waler and establish a priority
date ;JIld Ilumber fur each well in accordance with the
doctrine of prior appropri:Jtion. However. if the com.
mission finds thai the issuance of Jny future permit
would unreasolltlbly impair ;'IIlY t:xisling use or would
result in the unreasunable lowering of the w<tter t:Jble.
then <J permit J11JY be denied. TIle procedure for he;uing
and publication 011 all future permits is provIded for ill
the legislation. TIle priority date of future wells is the
date of filing the request for permit with the stllte
engineer.
The ground W<.ltcr ~omlllission is given rllther broad
powers to conserve the ground water resourres of the de-
signated basins and to protect vested rights of other ap-
propriators. TIle state engineer is the enforcing officer
for the commiSSion.
Within :ireJS determined as designiJted ground water
basins by the ground water commission, local ground
water maniJgement districts may be formed. Formation
is through :i vote of the local people. If a district is
formed, then the district itself has broad general powers
of management over the ground water resource.S of the
design<lted area. DeCisions of local districts may be ap-
pealed to the commission. The powers and functions of
the ground woter district are quite comprehensive and
are fully set forth in the legislation.

WATER CONSERVANCY DISTRICTS AND
RIVER BASIN AUTHORITIES

TIle Colorado Water Conservancy Act. enacted in
]937. iJuthorizes the formation or conservan~y districts
\I,(hose boards of directors have the powel. among others_
to acquire w<Jter rights; constrUi.:t and uperate facilities;
cUIH.lernn private property; contract with lhe federal gov-
ernment for constructiun, oper:Hion and maintenance of
div~rsion and storiJge r~lL'i1itics; and tu iJdopl plans iJlld
specifi~J.tillns for the works for which (he district was
organized.J? A district miJY (ollect a general au valorem
t:JX un :ill lands within its boundaries to defray the costs
of operating the dis.trict. which tax was upheld iJS being
a tax "for:1 public purpose" and constllutionaLJ8 TIlere
3re fhirty-fiveJ9 WiJter conservancy district boalds in
Colorl.ldo that are planning for projects or have entered
into contracts with the United Stales fl)f repayment of
the non-federal participation custs.
The law authorizes the fonnation of thirteen river basin
authorities with the power to construct and operate facilities
and structures for the diversion and transport of water and the
power to tax according to the benefits received by the water
users. 40 These authorities would bring benefits to those ......ithin
a basin not within the boundaries of a water conservancy
district.

COMPACTS AND COURT DECISIONS

While the Constitution S3YS that the water of every
naturol stream is dedicated. to the use of the people of
the state, this proviSion is subject to the qualificiJtioll
that under decisions of the Uniled States Supreme Court
there must be equitable opportionment of the benefits
arising from the flow of an interstate stream.41 As a re-
sult, Colorado m"y not use and conho\ all the water of
the mllny streams originating within its borders. .There
must be a division of the water of all interstate streams
before the states know how much each has for use. This
division may be accomplished either by decree of the
United States Supreme Court or by interstate compact
consented to by the Congress.42
Colorodo has tly decree or compad secured a defini-
tion of its rights to the use of the water of every major
interstate stream. Affecting the Missouri River Basin are
compacts and decrees covering the South Platte River,
Colow.do Rlver. Upper Colorado River Basin, Noelh
Platte River, and Laramie River. Colorado law applies to
govern the acquisition, disposition, control and adminis-
tration of rights to the use of water falling within the
share allotted to Colorado. A water user in Colorado

9