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<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 />