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<br />Chapter 8 <br /> <br />Development of the Amended 1996 <br />Rules and Regulations <br />Governing the Diversion and Use <br />of Tributary Ground Water <br />in the Arkansas River Basin <br /> <br />Studies by the State of Kansas for Kansas v. Colorado, the evidence presented therein, <br />and the findings and conclusions of the Special Master demonstrated that post-compact well <br />pumping for irrigation use from the valley fill and surficial aquifers along the Arkansas River <br />between Pueblo and the Colorado-Kansas stateline has depleted usable stateline flow. Well <br />pumping under junior priorities has also deprived senior surface rights in Colorado of water <br />to which senior rights would have been entitled in the absence of such pumping. <br /> <br />Based on this evidence the State Engineer has concluded that the 1973 Use Rules are <br />not adequate to prevent material depletion to usable slateline flow or to prevent material <br />injury to water rights in Colorado having senior priorities in the Arkansas River Basin. To <br />prevent further material depletion to usable stateline flow and to protect senior surface water <br />rights in the Arkansas River Basin in Colorado, the State Engineer has adopted amended <br />rules and regulations to regulate ground water diversions (Appendix C). The 1996 Use <br />Rules will be fLIed with the Water Court for Water Division 2 (Arkansas River Basin). The <br />effective date of the amended roles is January 1, 1996. If protests are filed, -a hearing on <br />the proposed roles will be requested on an expedited basis pursuant to section 37-92-501(2), <br />C.R.S. A statement of basis and purpose will also be filed with the 1996 Use Rules. <br /> <br />Implementation <br /> <br />To facilitate implementation of the 1996 Use Rules and to assist augmentation entities <br />in replacing out-of-priority depletions to senior surface water rights in Colorado, the State <br />Engineer will develop an accounting model for wells diverting from the valley fill and <br />surficial aquifers along the Arkansas River between Pueblo and the stateline. The accounting <br />model will be used to determine the amount, timing and location of depletions resulting from <br />ground water diversions. <br /> <br />The accounting model will utilize monthly data on ground water diversions or power <br />consumption data obtained electronically from the electric utilities. The accounting model <br /> <br />27 <br />