Groundwater Use Rules Status

RGDSS Model: Completed!

Response Functions: Completed!

Rules: Filed with the Water Court September 23, 2015 (Case No. 15CW3024)

Rules Trial: Began on January 29, 2018. Anticipated close of Trial is February 15.

Objectives of the Rules

Remedy Depletions to Surface Water Rights Permit the continued use of groundwater consistent

with the prevention of material injury to senior surface water rights. Reduction (in groundwater use) shall be the minimum necessary to meet goals.

Sustain the Aquifers Regulate the use of the Confined and Unconfined

Aquifers so as to maintain a Sustainable Water Supply in each aquifer system

Subdistrict No.1, Plan of Water Management

Sustainability Objective for Unconfined Storage

Levels

Sustainability: Unconfined Closed Basin

Groundwater Use Rules

Options for Well Owners Impacted by Rules:

1. Participate in a Ground Water Management Subdistrict

2. Obtain a Plan for Augmentation (Water Court)

3. Discontinue Well Use

Deadlines

Within one year of the Effective Date of the Rules: Subdistricts must file in court for approval of

their subdistrict areas

Within two years of the Effective Date of the Rules:

Augmentation plan applications must be filed in Water Court

And wells must be operating under an SWSP

Otherwise: Discontinue Non-Exempt Well Use

GW MEASUREMENT RULES (Case No. 05CW12) All “non-exempt” wells > 50 gpm must have a

totalizing flow meter or listed as “Inactive”

Meters Certified by a Qualified Tester every 4 years

Basinwide annual pumping data available from 2009

Photo from Kelley Thompson

Codified in Policy 2010-01 and in the Pending Rules.

April 1 to November 1 is the Presumptive Irrigation Season.

Dates may be adjusted by the Division Engineer based on several criteria.

A variance MUST be through written request to the Division Engineer!

Division 3 Irrigation Season

2020 Abandonment Procedure

Surface and Groundwater Rights

Partial or Full Abandonment

Voluntary Abandonment – AVOID the Rules, Augmentation, and Subdistrict

Notice of the Division Engineer’s Preliminary List will be mailed to owners of record in 2020

If you are concerned about your water right –contact the Division office (719) 589-6683

SAN LUIS VALLEY, COLORADOCross Sectional Diagram

Middle Years (1938-1980s) Part 1. Compact Years

1938: Rio Grande Compact signed

1966-68: Texas and New Mexico sue Colorado over Rio Grande Compact debits.

1969: Water Rights Determination and Administration Act allows wells to be administered in same priority system as surface rights.

1975: SEO Proposes Rules and Regulations in part to meet compact commitments.

1979: Trial on Rules – After agreement on 1) delivery schedules for the Rio Grande and Conejos Rivers and 2) use of the Closed Basin to offset well depletions, the proposed rules were set aside.

1970s -1980’s: Closed Basin Project constructed.

Middle Years (1960s-1980s): Part 2 cont’dAquifers are Over-Appropriated

1972 – SEO Moratorium on new well permits for the confined aquifer, and unconfined aquifers outside of the Closed Basin; permitting of exempt wells enacted.

1975 – SEO Proposed Rules also limit use of underground water. These rules were not approved.

1981 – SEO Moratorium on new well permits for the unconfined aquifer inside the Closed Basin.

1988 – First deliveries of the Closed Basin Project. A general opinion was that the project provided a “de facto” augmentation plan for well pumping.

Senate Bill 04-222 Mandated that ground water withdrawals shall not be

curtailed any more than necessary to protect senior surface water rights.

Acknowledged that Division 3 is hydrologically unique and that aquifers act as storage reservoirs

Aquifers are allowed to fluctuate but must be maintained at sustainable levels (~1978-2000 for Confined Aquifer)

Injurious stream depletions to senior water rights must be replaced and cannot impair ability to comply with Compact

Encouraged Groundwater Management Subdistricts for local management at a regional scale.

Establishment of an irrigation season.

SB04-222: Rules

Confined Aquifer New Use Rules (aka “Rules Governing New Withdrawals of Ground Water in Water Division 3 Affecting the Rate or Direction of Movement of Water in the Confined Aquifer System”)

Water Measurement Rules – Most wells >50 gpm must be metered.

Ground Water Use Rules – Draft rules have been proposed still working with water users to finalize.

To meet the goals of SB04-222 the State Engineerinitiated and completed several rules during this time period:

CONFINED AQUIFER RULES

1986: American Water Development Inc., filed for 200,000 AF/yr of new water from the confined aquifer claiming the aquifer was not fully appropriated.

Citizens Groups from the San Luis Valley led by the Rio Grande Water Conservation District defeated AWDI in Court.

2004: SEO adopts Confined Aquifer Rules.

2008: Supreme Court confirms Confined Aquifer Rules and confirms that aquifers of the San Luis Valley are over-appropriated.

2012: Texas sues New Mexico and Colorado over depletions below Elephant Butte Reservoir.

January 2018: Oral Arguments to U.S. Supreme Court to determine if United States can be a party to the case.