Laserfiche WebLink
<br />584 .UNIVERSITY OF COWRADO LAW REVIEW <br /> <br /> ,~ I <br /> , <br /> :oo~ <br /> I <br /> I <br /> r <br />> <br />::: 2~O <br />< <br />, <br />, <br />z <br />< <br />0 <br />j 200 <br />" <br />, <br />. <br />i ,~ <br />~ <br />~ <br />~ 100 <br />Z <br /> ~ <br /> . <br /> ~ <br /> <br /> <br /> <br />c"""'..".. <br /> <br />[Vol. 59 <br /> <br />""' <br /> <br />"'" <br /> <br />,~ <br /> <br />, <br /> <br />~ <br />2000: <br />, <br />, <br />Z <br />1500 ~ <br />i <br />, <br />, <br />a <br /> <br />,= <br /> <br />~ <br /> <br />~ <br /> <br />FIGURE 2. ANNUAL INSTALLATION AND CUMULATIVE TOTAL OF <br />LARGE-CAPACITY IRRIGATION WELLS IN THE SoUTH PLATIE <br />VALLEY <br />Source: "NU"h' Schneider & Minges, Hydrology of the South Platte River Valley <br />art eastern Colorado . <br />CoJorado Water Resources Circular No. 28 (1975). <br /> <br />. <br /> <br />COLORADO LAW OF "UNDERGROUND W." <br /> <br />stream from about Henderson, Colorado) (shown in Figure I) varies <br />in width from about one mile to over ten miles. The aquifer in this <br />reach is estimated to contain as much as eight million acre-feet of <br />water.IO <br /> <br />1988] <br /> <br />585 <br /> <br />As early as the 1890s farmers began to draw water from this un- <br />derground source to supplement their surface diversions. II As shown <br />in Figure 2, the number of wells increased gradually at first, reaching <br />about 250 by 1933, then grew rapidly to 3,200 in 1970.'2 Major bursts <br />of growth occurred in the 1930s and 1950s as a result of periods of <br />drought. Improvements in well technology and the increased availa- <br />bility of low cost electricity supported the growing use of wells during <br />this period, Groundwater development proceeded without control un- <br />til the mid 19605. Of the 1.4 million acre-feet of water estimated to <br />have been diverted for irrigation as an annual average between 1947 <br />and 1970, groundwater supplied an estimated 420,000 acre-feet or <br />about 30 percent of the total. IJ <br />The growth in groundwater withdrawals caused a reduction in <br />the annual groundwater discharges to the South Platte, declining from <br />about 800,000 acre-feet in 1947 to about 550,000 acre-feet in 1970.14 <br />The expected corresponding reduction in surface flows did not appear. <br />however, apparently because of concurrent increases in transmountain <br />diversions adding new water to the basin and because of decreases in <br />surface diversions from the river," In the late 1950s the Colorado-Big <br />Thompson Project began adding over 200,000 acre-feet of water per <br />year into the system, In addition, direct diversions from the river de- <br />creased about 130,000 acre-feet on an annual basis from 1947 to <br />1970.'6 <br />Although overall surface flows were not substantially reduced by <br />groundwater development, problems were developing in certain ar- <br /> <br />10. Woodward.Clyde Consultants, SoUTH PLATTE RIVER BASIN AssESsMENT REl'ORT 27 (Aug. <br />1982) (hereinafter Soutb Platte Study). <br />II. HUff, Effects of Water-Management Practices on the Flow of the South Platte Riper. ColoroJio <br />in SciENCE COUNCil OF JAPAN AND INTEltNATlONAl Ass'N OF HYDROLOGICAL SciENCE, INTERNA. <br />nONAL SYMPOSIUM ON HYDROLOGIC CHARACTERISTICS OF RIVER BASINS 613 (Dec. 1975) (held in <br />Tokyo, Japan) (hereinafter Hurr). <br />12. [d. <br />13. South Platte Study, supra note 10, at 41. Bredehoeft and Young point out that the amount of <br />installed well capacity in the South Platte Valley in 1970 substantially exceeded that necessary to "max- <br />imize expected net benefits" from agriculture. They conclude that this "overcapacity" i.s a fonn of <br />insurance which fanners determined to be worthwhile to assure a dependable water supply. Bredehoeft <br />& Young, Conjunctive Use of Groundwater and Surface Water for lm'gared Agricut(u~: Risk Aversion, <br />19 WATER RESOURCES JIJ!, illS (l98J). <br />14. Hurr, supra note II, at 613. <br />15. Id. <br />16. ld. at 614. <br />