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<br />. <br /> <br />600 <br /> <br />UNIVERSITY OF COLORADO LAW REVIEW <br /> <br />[V 01. 59 <br /> <br />Brighton to Fort Morgan and includes about 460,000 acres (720 <br />square miles) in parts of Weld, Morgan, and Adams counties. In 1973 <br />the Groundwater Management Subdistrict (Subdistrict) was estab, <br />lished to help integrate existing groundwater pumping of the wells <br />within its area into the water rights system. About 196,000 acres, a <br />little over 42 percent of the CCWCD area, is included within the <br />Subdistrict. <br />Initiated in the same year as GASP, the Subdistrict took a differ- <br />ent approach to integrating groundwater development. Rather than <br />operate on a year,to-year basis under the supervision of the state engi. <br />neer, the Subdistrict decided to seek water court approval of a plan for <br />augmentation. Under a statutory provision then in effect, the state <br />engineer gave the Subdistrict "temporary" approval pending the de- <br />velopment of a permanent plan that could pass water court muster. <br />As discussed in connection with the Fort Morgan plan for augmenta- <br />tion, this requires proof of ability to replace all depletions caused by <br />the pumping from wells involved in the plan.79 <br />The Subdistrict has been operating under its temporary plan for <br />augmentation on the basis of replacing five percent of the water <br />pumped each year by member wells, This approach was authorized by <br />the 1974 Rules and Regulations,80 The number of wells involved in <br />the Subdistrict plan has varied from year to year, but the average has <br />been about 870 between 1983 and 1987, irrigating an average of about <br />62,000 acres,81 The anticipated annual pumping from these wells avo <br />eraged about 106,000 acre,feet. Replacement of five percent of this <br />pumping meant providing about 5,280 acre-feet of water per year. <br />Table I shows the distribution of well pumping and depletions <br />within the Subdistrict in 1986. About 60 percent occurs in the area <br />along the South Platte River and Box Elder Creek from Platteville <br />north to Kersey. Finding replacement water in this heavily used area <br />of the South Platte has been difficult and expensive. Table 2 shows the <br />availability and use of replacement water between 1981 and 1986. In <br />contrast to GASP, which relies heavily on augmentation wells, the <br />Subdistrict relies largely on surface water, Table 3 gives a detailed <br />breakdown of the replacement water identified in the Subdistrict's <br />1987 plan, As shown, the Subdistrict itself owns about 864 acre-feet of <br />water rights. It leased another 672 acre-feet from CCWCD, its parent <br />organization, and it leased an additional 3,636 acre-feet from a variety <br /> <br />79. See supra notes 75.18 and accompanying text. <br />80. South Platte Rules and Regulations. supra note: 45, Rule 3(1). <br />81. Groundwater Management Subdistrict. Plan or Operation (1983-1987) (on file, Division One <br />Engineer's Office. Greeley, Colorado). <br /> <br />I <br />! <br /> <br /> . <br />1988] COLORADO LAW OF "UNDERGROUND WATER" 601 <br /> TABLE I <br />CCWCD - Groundwater Management Subdistrict <br /> 1986 Distribution of Depletions <br />River Well Depletions % of Total <br />Reach Pumping S%of Depletions in <br />(S. Platte) Location (acft) Pumping each reach <br />84,88 Littleton to Brighton <br /> (approx. 30 miles) 11,260 563 10.4% <br />85,82,77 Brighton to Platteville <br /> (approx. 20 miles) 8,150 408 7.5% <br />75,70 Platteville to LaSalle <br /> includes confluence with <br /> St. Vrain Creek <br /> (approx. 13 miles) 9,240 462 8.5% <br />62,57 LaSalle to Kuner includes <br /> confluence with Cache <br /> la Poudre <br /> (approx. 15 miles) 31,600 1,580 29.1% <br />54 Kuner to Bijou Headgate <br /> includes Box Elder <br /> Drainage <br /> (approx. 8 miles) 34,790 1,739 32% <br />51,48 Bijou to Weldon Valley <br /> Headgate <br /> (approx. 5 miles) 0 0 0 <br />46,42 Weldon Valley to Narrows <br /> includes Kiowa Creek <br /> Drainage <br /> (appro". 15 miles) 13,620 681 12.5% <br />TOTAL 108,660 5,433 100% <br />Sourcc; CCWCD Mastcr Plan 1987.1992 <br /> <br />of other sources. Municipal effluent represented most of this leased <br />supply. <br />Since "1979 the Subdistrict has been actively pursuing the use of <br />recharge projects to provide replacement credits, Over 9,500 acre-feet <br />of water have been recharged to the aquifer in five separate locations <br />between 1979 and 1986.82 This recharged water provided an esti- <br />mated 2,503 acre-feet of possible replacement credits in 1987. <br />The Subdistrict owns sixteen wells between Fort Lupton and <br />Brighton, capable of pumping 20 cubic feet per second to the river via <br />a short ditch, Apparently, depletion to the river caused by pumping <br /> <br />l <br />I <br />I <br />i <br />, <br />i <br />i <br />t- <br />I <br /> <br />82. CENTRAL COLORADO WATER CONSERVANCY OISTll.lCT AND GROUNDWATER MANAGE. <br />MENT SUBDISTRICT, MASTER PLAN, 1981-1992, 9-11 (Jan. 20, 1981) (hcreinaftcr Mastcr Plan]. <br />