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CROSS SECTION OF THE CLOSED BASIN PROJECT (v:> -:") 00 ....... c.:; '.:) PROJECT BOUNDARY PLAN VIEW PROJECT BOUNDARY OBSERVATION WELL CONVEYANCE CHANNEL ~e~~Te I SALVAGE CONTROL SYSTEM __ WELL WELL VAULT ~PAE"IlOJECT 7 GAOUNOW"TER LEVEL UNCONFINED AOUIFER SALVAGE WELL VAULT-- , "- " ~ DRAW OOWN SURFACE - \ \ SUBMERSIBLE PUMP WELL SCREEN - fLEe POWER .'" 2'MAXlMUM PRESSURE .."'" SUAFACECASING EMENT GROUT DRAW DOWN SURFACE / I WEll IN UNCONFINED AQUIFER- g CONFiNiNGLAYEFlANDl.ENSES ~G..:i -'~ r ~,~~~ ~ ARTESIAN LEAKAGE CONFINEO AOUIFER Salvage wells In the Bureau of Reclamation's Closed Basin Project take water out of the San Luis Valley's low.lylng sump. All of It's producing wells are In the SAN LUIS VALLEY WATER continued from page 11 tion. The amended application fIXes that, he says. "We have said from day one that we are not going to go ahead unless there is a massive supply of water there. We think the study by the U.S. Geological Survey, and our own study, shows that there's a lot of water in the aquifer and that there is a massive supply. But, we have to prove that. "Secondly, we've said that whatever we did in regard to developing water... would not harm the San Luis Valley. "And, thirdly whatever we did would create benefits in the San Luis Valley," Schaffer concluded. "The first two operating principles are answered in the technical amend- ment we made to our application on Aug. 20," says Schaffer. The record shows that A WDI did not choose to amend its original application until it became clear it would have to plead its water claim under Colorado water law. In July, the company lost its court case asking for outright ownership of the water underlying the Baca Ranch. A WDI based that claim on its belief 14 c WELL IN CONFINED AQUIFER Bureau of Reclamation Map shallow unconfined aquifer. There are observation wells In the confined aquifer to make sure the project does no harm. Salvage water goes to the Rio Grande. that the Baca Ranch, officially known as the Luis Maria Cabeza de Baca Grant No.4, is_ a valid Spanish or Mexi- can land grant and faIls under the juris- diction of Spanish and / or Mexican law. A WDI claimed, as one of four parts of its original application, that the Baca was exempt from U.S. or Colorado water law and should be allowed to claim the water outright under the rules of the Treaty of Guadalupe Hidalgo of 1848 or the Act of 1860. (The Treaty of Guadalupe Hidalgo protected the rights of Mexican citizens who owned lands ceded to the U.S. at the close of the Mexican-American War.) District 3 Water Court Judge Robert W. Ogburn denied the Spanish land grant claim on July 5 reportedly ~eIling A WDl's lawyers their case reminded him of the old adage: "When one has the facts, argue the facts. When one has the law, argue the law. When one has neither, just argue." In its amended application, A WDl is applying under Colorado water law for non-tributary, or alternatively tributary groundwater. Prepared by the Denver water law firm of Saunders, Snyder, Ross and Dickson, which represents ','p A WDI, the amended application also sets out measures for an augmentation plan to the Valley's water system in the event of any damages to irrigators or to the Bureau of Reclamation's Closed Ba- sin Project, which is being completed near the Baca. In its amended application, A WDI has also reserved its rillht to appeal its Spanish land grant water claim, says David Robbins, of Hill and Robbins, the attorney for those agencies in the Valley who have banded together as the "joint objectors." Water court appeals go directly to the Colorado Supreme Court. "They got spanked hard on that deal (the Spanish claim)," says Valley farm- er Greg Gosar. Gosar heads the: Citizens for San Luis VaIley Water, a group that hop~s to head off A WDl-and any fu- ture water marketers-by increasing public awareness and education about the Valley's existing, water-based economy. That group is financed in part by the sale of hats, T-shirts and bumperstick- ers that bear a circle with a slash Over the letters "A WDI." Those items were popular attire this summer in the VaIley. Costumed protesters and floats } T } , c . . ~ I. o . Ir 3 F G L 2 " V e , S e" e s' }" 1 P Colorado Rancher & Farmer c