WSP04349

• File Number: 8449.800
• Description: Denver Basin and South Platte River Basin Technical Study
• State: CO
• Basin: South Platte
• Date: 8/1/1984
• Author: SEO
• Title: Report of Groundwater Legislation Committee
• Water Supply Pro - Doc Type: Report/Study

APPENDIX A

STATE OF COLOMDO

O:tober 11, 1983

EXECUTIVE CHM\BERS

136 Stale upitol
Denver, Colorado B0203
Phone [phone]

RJch~rd D. lamm
Governor

The Honorable
State Senate
Fifty-fourth General Assembly
First Regular Session
State Capitol
Denver, Colorado 80203

Ladies am Gentlemen:

Today I signed into law Senate Bill 439, a measure that gives water
courts certain authority over well permitting procedures for ground-
water not connected with any surface streams. I am concerned that the
Act is a sto,trgap measure that was hastily passed in the ivake of the
Colorado Suprerre Court's decision in Colorado vs South'-Nestern Water
Conservation District, better known as the Huston case. It fails to
address the need for ccmprehensive treatment of the issues involved in
allocating our non-renewable groundwater resources. In addition, the
Act creates a nl1It1l:er of arnbigui ties by invoking a set of procedures
and a forum both designed for renewable surface water and -applies them
to finite groLll'"rlwater resources.

In signing Senate Bill 439, I want to make two points abundantly clear:

1. The legislation is signed with the understanding
that it results in no substantive change in exist-
ing law, but merely inposes additional procedures
for carrying out the '-Nell-permitting procedures
set forth in CRS 37-90-137 (4) . Senate Bill 439
allows for recognition of rights that can only be
perfected by the well penmit process provided for
in existing law. Allowiryg a forum for determiniTB
the criteria of Section 37-90-137(4), if the State
Engineer fails to act in a reasonable time or
denies a well permit, is a desireable end,
although the procedures ana language of the 1969
Water Rights Act that will apply are not well
suited to that task. I understand the irrport of
House Joint Resolution 1038 to be a reaffirmation