DWR_2810068 - Laserfiche WebLink

Home Search

3 • State Engineer Simpson filed new well use rules in May of 2002 that were nearly identical to the rules promulgated successfully in the Arkansas River basin in 1996. These rules would have allowed the State Engineer to annually approve plans SWSP’s that met the much more stringent standards proposed in the rules. • These rules were challenged as unconstitutional by some objectors. The Judge Klein ruled that annual approvals of replacement plans were not allowed by statute and this ruling was appealed to the Supreme Court in late 2002. • In 2002, the worst drought in recorded history occurred and the call by senior water rights began in June and stayed on the rest of the year. The calls in 2003 were nearly for the entire year and in 2004 the situation was similar. This required considerably more augmentation water and GASP decided to go out of business. It finished its sale of water assets in 2006. The Central WCD’s SWSP had to lease additional water to be able to be approved in these years. • The Supreme Court ruled in March of 2003, regarding the rules proposed by State Engineer Simpson in May of 2002, and agreed with the Water Court that there is not statutory authority for this type of rules for well administration and remanded the rules back to the Water Court for consideration of the portion of the rules that pertained to the South Platte River Compact. • The Legislature approved SB 03-73 in March of 2003 giving well organizations in the South Platte River basin up to three years to file a plan for augmentation with the Water Court and allowed the State Engineer to annually approve a SWSP after conducting a hearing. • In 2003, GASP filed for approval of a SWSP under SB 03-73 and the plan was approved to allow for replacement of ongoing stream depletions that resulted from past pumping, but no pumping was allowed in 2003. • The South Platte Well Users filed two augmentation plans with the Water Court in May of 2003 and sought approval of a SWSP for 380