Laserfiche WebLink
2 <br />River, which in the 1970’s, 1980’s and 1990’s was usually just the <br />months of July and August. <br /> <br />• GASP (Groundwater Appropriators of the South Platte) was <br />established in 1972 (3,000 wells) and the Central Colorado Water <br />Conservancy District’s Ground Water Management Subdistrict <br />(“Central WCD”) was formed in 1973 (1,000 wells). Both <br />organizations operated under annual replacement plans, or substitute <br />water supply plans (“SWSP”) approved by the State Engineer. Both <br />plans relied on the fact that the period for senior calls was very limited <br />due to good runoff conditions. <br /> <br />• This practice continued under State Engineer Danielson from 1980 to <br />1991. State Engineer Simpson continued this annual approval of <br />SWSP’s in 1992 with a strong warning in each letter of approval that <br />both organizations needed to prepare for a drought condition and <br />acquire more water. Central WCD did acquire more water since it has <br />a tax base to use to payoff indebtedness. GASP did not have this <br />ability and relied on annual assessments to each well owner based on <br />acre feet pumped. <br /> <br />• In 2000, litigation was initiated in the Arkansas River basin between <br />Empire Lodge Homeowners Association and Moyers. This involved <br />access issues, but a fight over water also developed and the issue was <br />the State Engineer’s approval of a SWSP under CRS 37-80-120 that <br />allowed a trout pond to be filled by exchange out of the Arkansas <br />River up a small tributary. Judge Anderson ruled that, in his <br />interpretation of the statutes, the legislature did not give the State <br />Engineer authority to approve SWSP’s. This ruling was appealed to <br />the Colorado Supreme Court in 2001. The Supreme Court issued it <br />opinion in late 2001 agreeing with the Water Court. This had a direct <br />impact on the annual approval of SWSP’s in the South Platte River <br />basin since the State Engineer no longer had the authority to approve <br />the plans. <br /> <br />• In 2002, the Legislature passed HB 02-1414 which allowed the State <br />Engineer to approve an SWSP if an application for a plan for <br />augmentation was pending in Water Court. This bill also required for <br />the first time notice to interested parties and allowed a plan to be <br />appealed to the Water Court.