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1 <br /> <br /> <br /> <br />History of Well Regulation <br />South Platte River Basin <br />By <br />Hal Simpson <br /> <br />September 6, 2006 <br /> <br />• 1960’s – Senior surface water right owners began complaining about <br />well pumping impacting stream flow and water rights. <br /> <br />• 1968 – Colorado Legislature authorizes study by consultants to <br />determine impact of junior wells constructed in the 1940’s and later. <br />The study found that wells were reducing stream flows by pumping <br />wells outside the priority system. <br /> <br />• 1969 – Colorado enacts the 1969 Water Rights Determination and <br />Administration Act that requires all tributary wells to file for <br />adjudication by July 1, 1972 and further required the State Engineer to <br />administer the wells once adjudicated in the priority system. <br />Furthermore, the State Engineer could promulgate rules to assist in the <br />administration of wells. <br /> <br />• 1970 – State Engineer Kuiper begins rule making to curtail wells on <br />graduated basis, i.e. 1 day per week in 1970, 2 days in 1971 and so on <br />unless wells were operating in accordance with a court approved <br />augmentation plan or a plan approved by the State Engineer under <br />CRS 37-80-120. <br /> <br />• The rules were challenged by a well owner organization and a 4 week <br />trial took place in 1974. The trial was recessed and the parties <br />stipulated to a decree incorporating the rules as proposed that was <br />issued in 1974. <br /> <br />• State Engineer Kuiper in the early 1970’s encouraged well owners to <br />form associations or conservancy districts to develop plans to replace <br />well depletions that occurred when there was a call on the South Platte