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May 10, 2005 MEMORANDUM TO: Ground Water Commission Members FROM: Suzanne M. Sellers, Designated Basins Team SUBJECT: Staff Recommendations for Rule Making Hearing on May 20, 2005. At the last Ground Water Commission meeting on February 25, 2005, the Commission held a rulemaking hearing to allow the recognition of the permanent surrender through water conservation programs of the ability to develop future water rights and/or the ability to irrigate a given tract of land. The hearing was continued until May 20, 2005. In light of issues brought up during the initial rulemaking hearing on February 25, 2005 and recent developments with the subject conservation programs, the staff recommends that the Commission not adopt the proposed rule at this time. The following bullets summarize staff’s reasoning for this recommendation: It is Staff’s understanding that language is included in the Republican River Water Conservation District’s (RRWCD) contract with well owners that will restrict the development of future water rights and/or the ability to irrigate the subject tract of land. Furthermore it is Staff’s understanding that the RRWCD has committed to NRCS that it will diligently enforce this provision of the contract, alleviating the NRCS’s concerns for wells in the Republican River basin, which was the original impetus for this rulemaking. It is felt that Commission rules currently in place for the Northern High Plains already prevent “in effect” the development of future water rights in the Republican River Basin. Areas where water may potentially be available in the Republican River Basin, would not qualify for the RRWCD’s water conservation program because there would be no effect on depletions to the river. At the initial hearing, several Commission members pointed out that implementing a water conservation program in the Southern High Plains (SHPs), a basin that is currently open for appropriation, is problematic because a well permit could be obtained directly adjacent to the subject property. The Commission recommended that the Staff work with Max Smith of the SHPs GWMD to find a solution to this problem. In late April, Max Smith indicated to Staff that there is currently no interest in the permanent surrender of wells by water users in the SHPs. Max also indicated that if there is interest in the future, this rule can be revisited at that time. cc: Designated Ground Water Management Districts Commission Staff S:\DesBasPrograms\GWC Meetings\May 2005\StaffRuleMemoMay2005.doc Memorandum Upcoming Commission Meeting Page 2 FRED A. HEFLEY, CHAIRMAN, Walsh; JON B. BROWNELL, VICE-CHAIRMAN, Hooper; EUGENE A. BAUERLE, Julesburg; ANNE J. CASTLE, Denver; DENNIS W. CORYELL, Burlington; MICHAEL GROSS, Silt; RICHARD F. HUWA, Keenesburg; F. W. (BILL) KERKSIEK, Strasburg; ERNEST L. MIKITA, Calhan EARNEST L. MIKITA, CHAIRMAN, Calhan; C. MAX SMITH, VICE-CHAIRMAN, Walsh; EUGENE A. BAUERLE, Julesburg; LARRY W. CLEVER, Grand Junction; DENNIS W. CORYELL, Burlington; RALPH G. CURTIS, Alamosa; RICHARD F. HUWA, Keenesburg; FRANK P. JAEGER, Elizabeth; ROBERT R. LOOSE, Wiggins Memorandum Proposed Rule Language Page 2 StatementofBasisMay05.docSTATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE FOR ADOPTION OF RULE 5.12 The provisions of Section 37-90-111(1)(h), C.R.S. provides the specific statutory authority for the adoption of the attached regulation. The Commission also adopted, in compliance with Section 24-4-103(4), C.R.S., the following Statement of Basis and Purpose. BASIS AND PURPOSE BACKGROUND As a result of the final settlement stipulation for the case Kansas v. Nebraska and Colorado, No. 126 Original, entered into on December 15, 2002, the withdrawal of groundwater from the Ogallala aquifer in the Northern High Plains has been acknowledged to cause depletions to the streams of the Republican River Drainage. Because depletions to these streams are critical to Colorado’s compliance with the Republican River Compact, it is essential that some existing groundwater appropriations in the Northern High Plains be permanently abandoned with no opportunity to be redeveloped so as to reduce their impact on these streams. Prohibiting the redevelopment of these abandoned water rights will then, in turn, aid Colorado in its efforts to meet its compact obligations. Additionally, other aquifers within the Designated Basins are suffering from a lowering of their water tables. Prohibiting the redevelopment of abandoned water rights will enable conservation of those ground water resources as well. PURPOSE The purpose of this new rule is to facilitate entities such as the Natural Resources Conservation Service (NRCS) or the Republican River Water Conservation District (RRWCD) to implement water conservation programs. Adoption of this rule will allow the recognition of the permanent surrender of the ability to develop future water rights on a given tract of land through a water conservation program. Adoption of this rule will also allow the recognition of the permanent surrender of the ability to irrigate a given tract of land through a water conservation program. By recognizing the permanent surrender of any future water rights or the permanent surrender of the ability to irrigate certain lands through these programs, this will enable water right holders to qualify for the NRCS’s Environmental Quality Incentives Program (EQIP), the RRWCD’s proposed water conservation program and potential programs offered by other entities in the future. This rule will only apply to water conservation programs that have been approved by the Commission. This approval authority will allow the Commission to review these water conservation programs to ensure that they are consistent with the objectives of the Commission. Currently, a water rights holder can permanently abandon their existing water right and this proposed rule will prohibit any future water right development or irrigation on given tracts of land. The intent of this rule combined with the existing ability to abandon current water rights is to encourage the conservation of groundwater by permanently prohibiting the withdraw of ground water and irrigation on given tracts of land. 2005.05.20 03-GW-14 GWC Order.pdf 2005.05.20 A 082 05 GWC.pdf 2005.05.20 Admin of Wells in RRB.pdf 2005.05.20 Attendance Record.pdf 2005.05.20 CGWC Senate Confirmation.pdf 2005.05.20 Directions.pdf 2005.05.20 Geo-Water Study Power Point.pdf 2005.05.20 GWC Appointments.pdf 2005.05.20 Hearing Officer's Report.pdf 2005.05.20 Letter re. Use of Wells.pdf 2005.05.20 Meeting Attendance Staff.pdf 2005.05.20 Record of Proceedings Future Water Rights.pdf 2005.05.20 Record of Proceedings.pdf 2005.05.20 Staff Report w_ Tables.pdf