WSP01414

• File Number: 8449.918
• Description: South Platte Projects
• State: CO
• Basin: South Platte
• Date: 8/1/1982
• Author: CWCB
• Title: South Platte River Basin Assessment Report
• Water Supply Pro - Doc Type: Publication

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been subject to much legal interpretation. Tributary 9rounn water is

subject to the doctrine of prior appropriation and is of greater concern in

the South Platte River basin.

Prior to 1965, wells withdrawing water from alluvial or tributary aauifers

in Colorado were not administered. Irrigators invested thousands of

dollars in the development of such wells to provide both single and

supplemental water sources. This investment created an economy based on

these wells worth millions of dollars. Durinq the 1950's and early 1960's,

it became obvious that many of the wells and surface ditches were diverting

from a common source.

The problems involved in integrating the uses of tributary ground water and

surface water have been very complex. Beginning in 1965, various statutes

were enacted which gave the Colorado State Engineer authority to regulate

the uses of tributary ground water in relation to surface water. The

effort to do this commenced in 1966 and resulted in several years of

litigation and a number of statutory changes. The outcome was that rules

and regulations governing the use of tributary 9round water in the South

Platte River basin finally were adopted by the State Engineer in 1973.

Under the amended rules and regulations in effect in the South Platte River

basin, a well withdrawinq tributary ground water (certain domestic and

stockwater wells are exempted from administration) cannot be pumped unless

its operation is covered by a IIplan for augmentation," unless it has heen

decreed as an alternate or changed diversion point for a surface priority,

or unless its operation does not affect the water supply of a senior

appropriator.

The purpose of the plan for augmentation is to replace or make up any

reduction in the water supply of a senior appropriator caused by pumping

the well or wells in question. Such replacement has been accomplished in

various ways. Examples include the release of storage water to the senior