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Last modified
7/29/2009 10:06:53 PM
Creation date
10/12/2006 2:10:46 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8029
Description
Section "D" General Correspondence - Colorado Agencies (Alpha, not Basin Related)
State
CO
Date
6/1/1962
Author
E Jenkins, E Moulder
Title
Ground-Water Technology and Litigation Problems, Journal of the Irrigation and Drainage Division Proceedings of the American Society of Civil Engineers
Water Supply Pro - Doc Type
Report/Study
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<br />IR2 <br /> <br />JROUND-WATER TECHNOLOGY <br /> <br />23 <br /> <br />ground water artificially by injecting good-quality filtered water into his well. <br />Next he finds himself faced with a lawsuit; nearby property owner claims that <br />recharging activities have damaged him. He claims that the recharging has <br />waterlogged a part of his crop land, as shown in Fig. l. <br />Although this is a hypothetical situation, it could be a real one. It serves <br />to demonstrate how a seemingly beneficial action by one party could have se- <br />rious physical and legal implications involving innocent parties. To prove or <br />disprove the claim, ground-water technology must be applied to show: (1) <br />Whether the areas involved in the suit are hydraulically connected; (2) whether <br />the quantities and stresses imposed by the defendant's actions are of suffici- <br />ent magnitude to create the alleged problem; (3) whether the time period be- <br />tween the imposed stress and the development of the problem is compatible <br />with the hydrologic facts; (4) whether any other artificial act or natural oc- <br />currence might have produced the same effects; and (5) the hydrologic factors <br />that will affect the assessment of damages. <br />Problems among well users, and between the well user and the surface- <br /> <br />Well <br />~ <br /> <br />Recharge leve'~ <br /> <br />./ <br />./"' <br />-~ <br /> <br />"'" <br />'-.... <br />.......... Land waterlogged- <br />......... <br />...- Static level ~ - <br />..~.._..~_____.___________n__.____a.._..u.........._.________ <br /> <br /> <br /> <br /> <br />Pumping level <br /> <br />FIG. I.-WATERLOGGING CAUSED BY RECHARGING <br /> <br />water user, have been and are likely to be more common. A claim by a sur- <br />face-water user that his rights on a stream are being infringed on by a well <br />user, who is withdrawing large quantities of ground water from alluvial ma- <br />terials underlying the stream bank, is relatively simple to prove. But, what <br />about a claim against a well user who is located several miles from the <br />stream? Given enough time, his withdrawals could be equally as damaging as <br />those from the closer well, but the damages and implications would be much <br />more difficult to prove. Because the law places the burden of proof on the <br />well user, the cost of any hydrologic study might have to be borne by him. <br />The large expense, coupled with the likelihood of defeat, probably would dis- <br />courage most well users from fighting many claims. <br />Studies have been and are being conducted by the United States Geological <br />Survey (USGS), in cooperation with the Colorado Water Conservation Board <br />and other State and local governmental bodies. These studies cover most of <br />the areas in which ground water has been developed extensively. Although de- <br />signed chiefly to evaluate the ground-water resources regionally, the studies <br />
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