<br />.
<br />
<br />596
<br />
<br />UNIVERSITY OF COLORADO LAW REVIEW
<br />
<br />[Vol. 59
<br />
<br />The modest cost to GASP members (essentially 90 cents per acre-
<br />foot of groundwater pumped) has been made possible in part by the
<br />informal way in which GASP operates. Only relatively recently has
<br />GASP been providing much of the data it promised to the state engi-
<br />neer in 1972. In addition to the amount of groundwater pumped dur-
<br />ing the preceding period, the amount of acreage irrigated, and a
<br />projection of the amount of groundwater to be pumped during the
<br />next period, the state engineer now wants GASP to provide detail re,
<br />garding cropping patterns and other information to enable a more
<br />complete analysis of the effect of GASP members' groundwater
<br />pumping.
<br />
<br />B. The Fort Morgan Plan for Augmentation
<br />
<br />Rather than operate under the GASP umbrella some well owners
<br />in the South Platte Valley have opted to protect their well operations
<br />by means of a plan for augmentation. Such an approach places these
<br />appropriations directly and permanently within the state priority sys-
<br />tem. An example of this approach is provided by the plan for augmen-
<br />tation developed by the Fort Morgan Reservoir and Irrigation
<br />Company ("Fort Morgan") and approved by the Division One Water
<br />Court in 1985.66
<br />The Fort Morgan Reservoir and Irrigation Company is a mutual
<br />ditch company providing water to about 11,000 acres offarm lands in
<br />Morgan County, Colorado,67 Fort Morgan has a direct flow decree
<br />for 323 cubic feet per second with a priority date of October 18, 1882.
<br />In addition it owns 1,030 shares (of the 1,550 total) of the Jackson
<br />Lake Reservoir Company, a mutual company which owns and oper-
<br />ates Jackson Lake Reservoir. The storage capacity of this reservoir is
<br />about 30,000 acre.feet,
<br />Members of the Fort Morgan Company also use wells as a part of
<br />their irrigation water supply. Most of these wells were adjudicated in
<br />1974 but because of their junior status could not operate except under
<br />some kind of augmentation plan. Under a provision then available in
<br />the law these wells were permitted to operate under a "temporary"
<br />plan for augmentation.6' During this period Fort Morgan collected
<br />
<br />66. In re Fort Morgan Reservoir and Irrigation Company, No. W.2692 (Water Division No. I.
<br />Colorado. April 22. 1985) {hereinafter Fort Morgan Decree].
<br />67. The background information provided here comes from the engineering study performed by
<br />HRS Water Consultants, Inc., Fort Morgan Reservoir and Irrigation Company Plan fOf Augmenta-
<br />tion, (January 1985) (hereinafter Fort Morgan Report].
<br />68. Temporary augmentation plans were authorized by a 1974 law, S.B. 7, 1974 Colo. Sess. Laws
<br />440, ch. 111. The state engineer was given authority to approve such temporary plans pending final
<br />court action. This section was repealed in 1977 by S.B. 4, 1977 Colo. Sess. Laws 1702, ch. 483, ~ 6,
<br />
<br />,
<br />
<br />t988]
<br />
<br />COLORADO LAW OF "UNDERGROUND WA~
<br />
<br />597
<br />
<br />data on its total water demand to grow crops, its surface supply, and
<br />members' groundwater use. It also implemented its program for pro-
<br />viding augmentation water. By 1985 Fort Morgan thought it had the
<br />data necessary to support its request for a final plan for augmentation.
<br />The court decree approving this augmentation plan is viewed by
<br />many as providing a model for bringing irrigation wells into the prior.
<br />ity system. There are two critical aspects to this plan: calculation of
<br />depletions to the stream attributable to the pumping of Fort Morgan
<br />member wells, and operation of the replacement scheme to offset those
<br />depletions, To calculate depletions, the analysis in support of the plan
<br />first calculated the average annual irrigation water requirement for the
<br />Fort Morgan lands between 1960 and 1980.69 Using diversion records
<br />for direct flow and reservoir deliveries the annual surface water supply
<br />was then determined.70 Groundwater use represented the difference
<br />between surface supplies and crop requirements,7I The effect to the
<br />river from this pumping was calculated using the "stream depletion
<br />factor" value for each well. This factor indicates both the .amount of
<br />loss to the stream from well pumping and the timing of that 10ss.72
<br />The Fort Morgan replacement plan is based primarily on a
<br />recharge program. Under this program, water is diverted from the
<br />South Platte under a 1972 priority and carried to several recharge lo-
<br />cations." Surface flows brought into these recharge areas are mea-
<br />sured on a daily basis. Evaporation losses are calculated as well as any
<br />flows out of the recharge sites, The difference is considered to
<br />recharge the groundwater aquifer.
<br />Accretions to the stream from these recharge efforts are then
<br />measured against depletions to the stream resulting from groundwater
<br />pumping,74 The result is the "net stream effect." For the recharge
<br />program to fully offset the effects of well pumping, accretions must at
<br />
<br />codified at COLO. REV. STAT. ~ 37.92.-305(8) (1973). See MacDonnell, Plans for Augmentation: A
<br />Summary, in TRADITION, INNOVATION, AND CONFLICT: PERSPECTIVES ON COLORADO W ATEa L....w
<br />147 (L. MacDonnell ed. 1987).
<br />69. Crop records as well as acreage inV()lved are maintained by Fort Morgan. The Blaney-Crid-
<br />die method was utilized to calculate the water requirements for these crops. Fort Mo~n Report,
<br />supra note 67, at 3.
<br />70. Surface supplies were further adjusted to account for water losses between the headgate at the
<br />river and application to the crop. Fort Morsan Report, supra note 67, at 4,
<br />11. Actual groundwater pumping appears to be nearly twice the COP511mptlve use amount calcu-
<br />lated. Pumping between 1977 and 1980 was reported to be 6,152 acre-feet per year; the calculated
<br />groundwater use for this period was 3,811 acre.feet per year. Fort Morgan Report, SUprtl note 61, at S.
<br />72. See the discussion of the stream depletion factor, supra nOte 1.
<br />73. Those sites include the Fort Morgan canal itself, a generally dry streambed known 8$ Badger
<br />Cretk, and several ponds. The total recharge capacity of these sites is estimated to be 13.0CI0 acre-feet
<br />per year. Fort Morgan Report, supra note 67, at 5.
<br />74. The stream depletion factor also is used to analyze accretions to the stream.
<br />
|