Get documents about "Water Rights in Colorado Surface Water, Ground Water, and
Document Sample
Water Rights in Colorado:
Surface Water, Ground Water,
and Well Permitting
June 28, 2007
By
Kevin Rein, P.E.
www.water.state.co.us
Discussion
Division of Water Resources
Colorado Water and its Administration
Ground Water and the Denver Basin
Well Permitting
Questions
Department of Natural Resources
Agencies
Water Resources Water
Wildlife Conservation
Oil and Gas Board
Conservation State Parks
Commission Reclamation,
Geological Survey Mining, and
Forestry Safety
State Land Board
Progressive
Responsibilities
Water Administration
Public Safety
Water Well Permitting
Interstate Compacts
Hydrographic Program
Public Information Services
Additional Program Activities
The Hydrologic Cycle
COLORADO
HISTORICAL AVERAGE ANNUAL STREAM FLOWS
403,400
(acre feet) 311,100
111,800
E
414,300
AK
NO. PLATTE
LA
SN
RA
404,600 265,800
K 99,500
MIE
LE
1,127,000 EL
T
LIT
1,531,000 CAC 875,600
YAMPA HE
LA
PO 634,500
UD
RE
334,400 158,800 TE
ST. V LAT
6 45,590 RAIN TH P
WHITE
476,300 SOU 31,680
54,760 404,400
229,200 85,540 NORTH FORK
PICEANCE
ER
BOULD REPUBLICAN
204,400
WEST TOWARD PACIFIC OCEAN 9,189,550 af
555,200 27,700 329,200
185,200 50,050
EAST TOWARD ATLANTIC OCEAN 1,050,900 af
BLUE
413,200
33,760 1 N
EAGLE BEAR 270,500 CA 28,750
BLI
PU
RE
5 879,800 NO. FOR
K FO
RK
At Benkelman, NE
ROARING 126,800 TH
FORK SOU
COLORADO 58,146
2,799,000
88,051
63,038
279,700
4,500,000
K
FOR
NO.
330,500
FOUNTAIN
547,300
1,872,000 943,000
505,600
528,200 69,750 2
699,200
219,800
DOLORES
GUNNISON
125,100 ARK
UN
ANS 89,820
172,000 AS
GRAPE
TOMICHI
CO
SA 164,200
N
MP
M
IG 4 3 26,930
AHG
UE
L 24,933
RE
394,300 HUERFANO 18,970
PA
153,000 653,300 47,020
HA
E
IR
96,300
IS
313,200 RIO
O
AP
GR
AT
AN
7 152,600 DE
RG
593,600
RK H
FO UT
PU
ORIDA
SO
McELMO 291,200
37,100
LOS PINOS
RA
A
49,640
ANIMAS & FL
31,890
LA PLAT
SA
ED
CONEJOS 322,100
N
PI
AN
JU
MANCOS
JU
AN
N
-C
SA
HA
MA
268,600 235,800
36,890 25,580
173,700 446,900 94,180
670,100
+
291,200 TOTAL LEAVING COLORADO 10,240,450 af
Prepared by the Hydrographic Branch (2003 Revision) OFFICE OF THE STATE ENGINEER
Historic averages obtained from USGS Water-Data Report CO-02 COLORADO DIVISION OF WATER RESOURCES
19 States Rely on Colorado Water
In 1879, Colorado established Water
Commissioners to distribute water rights
in priority based upon principle of
“First In Time...First In Right”
Article XVI, Section 6, State
Constitution
“The right to divert the unappropriated
waters of any natural stream to
beneficial uses shall never be denied.
Priority of appropriation shall give the
better right as between those using the
water for the same purpose… “
Colorado’s Water
Administration System
Prior Appropriation Doctrine means those that
put the water to use first are entitled to get
their water first during periods of water
shortage. In Colorado, water is a separate
property right that can be sold separately
from the land. This is opposed to the
Riparian Doctrine that recognizes water rights
being attached to lands adjacent to the river
or stream.
Water Deliveries in Colorado
Agriculture 86%
Municipal/Domestic 7%
Recreation/Fisheries 3%
Industrial/Commercial 2%
Augmentation 1%
Recharge 1%
WATER MANAGEMENT
ISSUES
Agricultural Wells on the South
Platte River
A brief history of the events that have led to
the current status of the wells on the South
Platte River
Roles of various agencies and other parties
Brief History
1965 Act/House Bill 1066
In 1965 the Colorado General Assembly
passed House Bill 1066 and enacted the
Colorado Ground Water Management Act
(“1965 Act”).
Gave the State Engineer the authority to
evaluate the use of ground water and deny
a well permit
Brief History
1969 Act
In 1969, the Colorado General Assembly enacted
the Water Rights Determination and
Administration Act (“1969 Act”).
Reinforced recognition of the connection between
ground water and surface water.
Integrated ground water into the priority system –
Introduced the concept of plans for augmentation
Brief History
1974, 1977
In 1974, the legislature adopted Senate
Bill 7. Senate Bill 7 authorized the State
Engineer to approve temporary plans for
augmentation.
In 1977, the provisions of Senate Bill 7
allowing this authority were repealed.
Brief History
Basin Specific Rules (Examples)
Arkansas River Rules
South Platte Rules
Reinforced statutory requirement of augmentation
plans (permanent or temporary)
State Engineer continued to approve temporary
Substitute Water Supply Plans…for a period of 27
years.
Brief History
Recent Events
Empire Lodge Decision 2001
South Platte Specific
May 30, 2002, the State Engineer filed an application to
the water court (2002CW108) to promulgate Amended
Rules of the South Platte River. The judge (December
30, 2002) and the Supreme Court (April 30, 2003) ruled
against the State Engineer
Concurrently, in the 2002 legislative session, the
legislature enacted House Bill 02-1414
Brief History
HB-1414 provided the statutory provisions
in C.R.S. 37-92-308.
37-92-308(3) (“renewals”)
37-92-308(4), (new SWSPs)
Water court application
Plan to the SEO
Notification (Objectors)
One-year approval
Brief History
37-92-308(5), five-year depletions
No water court application
Plan to the SEO
Notification (SWSP Notification List)
One-year approval
37-92-308(7), Public health and safety.
Plan to the SEO
No notification is required
90-day approval
Brief History
2003, House Bill 03-1001 modified
portions of 37-92-308. Specifically:
Changes of water rights
‘Notify’ parties on the SWSP Notification
List for 37-92-308(4) plans
Brief History
2003, Senate Bill 03-73 modified portions of
37-92-308. Specifically:
New 308(3), temporary approval of SWSP without water
court application
Wells in the South Platte Basin
Previously in a SWSP
Through December 31, 2005
Notify parties on the SWSP Notification List
One-year approval
The statute requires that a hearing be held by the state engineer
for these approval requests
It provided for the approval of plans using augmentation
wells, only under strict conditions.
Current Process
In 2001, 18-20 SWSPs. In 2006, more than 100
(South Platte Basin).
Many wells from larger plans “broke off” into smaller plans
Water users whose plans had lapsed or who did not
previously have plans were being exposed
Approval takes more time and effort
Increased detail
Statute makes the submittal/approval process more rigid
Input from other parties
Changes were coincident with drought.
South Platte Basin Description
Total South Platte River basin
drainage area - 23,138 sq. miles
Precipitation average - 10 to 17
inches per year
Elevation - 3,400 to 14,000 + Ft
Irrigated acreage - 1.1 million
acres
South Platte Basin Description
Native flows for total basin estimated by the
USGS to be 1,400,000 acre-feet annually
Transbasin water provides approximately
another 400,000 acre-feet
Ground water pumping from high capacity
alluvial wells located along the South Platte is
estimated to provide approximately 640,000
acre-feet
Total annual surface water diversions equal
approximately 4,000,000 acre-feet
General Statistics
Approximately 9,000 high capacity wells in
South Platte River and its tributaries
Approximately 5,000 high capacity wells in
substitute water supply plans or plans for
augmentation
As many as 2,500 wells have been on the
enforcement list
As many as 1,500 wells to be addressed
Engineering Aspects of Well
Administration
Determining Consumptive Use
Determining Well Depletion (impact to
river)
Determining Replacement Requirements
Accounting
Enforcement
Sources of Replacement Water
Fully Consumable Water
Reservoir Releases
Direct Flow Irrigation Rights
Recharge Sites
Recharge Wells
Augmentation Wells
Accounting
Plan for Augmentation and Substitute Water
Supply Plans (SWSP) must replace all out of
priority depletions
“Depletions” are what impact the river as a
result of diversions at the well
Depletions are out-of-priority if there is a
call for water (or compact condition) senior
to the well downstream of the well location
Accounting (continued)
Monthly summary must show:
Diversions
Associated depletions
Return flow obligations from reservoir
releases, etc.
Replacement water from each source
(recharge, reservoir delivery, etc.)
Net impact on the river
Accounting (continued)
May be required to submit:
Copies of raw data collection forms
Modeling input/output
Spreadsheets showing formulas, etc.
for verification
Other information as needed
GROUND WATER
Types of Wells
Ground Water
Tributary
Non-tributary
Denver Basin (not non-tributary)
Designated Groundwater
Denver Basin and Designated Ground Water Basins
Crow Creek & Camp Creek Basins Kiowa-Bijou
Irrigation and Domestic water is from both Irrigation water supply is from the Alluvial Aquifer, No
Alluvial and Bedrock Aquifers. No surface surface water supply. Domestic supply from both
water supply. Alluvial and Bedrock Aquifers.
Lack of precipitation may result in increased Lack of precipitation may result in increased pumping
pumping and lowing of the water table. This and lowing of the water table. This would lead to higher
would lead to higher energy and production energy and production costs.
costs. Northern High Plains
Lost Creek
Irrigation and domestic water
Irrigation and
supply is from the Ogallala
Domestic water is
Aquifer. No surface water
from both Alluvial
supply.
and Bedrock
Aquifers. No Lack of precipitation may
surface water result in increased pumping
supply. and lowering water levels. This
would lead to higher energy
Lack of
and production costs.
precipitation may
result in increased
pumping and
lowing of the water
table. This would
Southern High Plains
lead to higher
energy and Irrigation and domestic water
production costs. supply is from the Ogallala,
Dakota, Cheyenne and
Docum Aquifers. No
Denver Basin
surface water supply
Ground water supply is from the four Lack of precipitation may
major Denver Basin Bedrock Aquifers, result in increased pumping
Dawson, Denver, Arapahoe and and lowering water levels.
Laramie-Fox Hills. The aquifers are This would lead to higher
not part of the surface system and are energy and production costs.
Upper Big Sandy
not affected by drought conditions. Upper Black Squirrel
However, in times of shortages in the Irrigation water supply is from the
Irrigation water supply is from the Alluvial
surface water supply, increased use of Alluvial Aquifer, No surface water
Aquifer, No surface water supply.
ground water from the basin can result supply. Domestic supply from Alluvial
Domestic water supply from Denver Basin
and Bedrock Aquifers.
in accelerated water level declines Aquifers
Lack of precipitation may result in
Lack of precipitation may result in
increased pumping and lowing of the
increased pumping and lowing of the water
water table. This would lead to higher
table. This would lead to higher energy
energy and production costs.
and production costs.
Nontributary Water in the
Denver Basin
The Denver Basin is a “layering” of
water bearing geologic formations
(aquifers) along the front range
Given statutory provisions for
administration
Promulgated rules
further guide administration
describe physical/hydrologic properties
Nontributary Water in the
Denver Basin
Four aquifers
Dawson (Upper and Lower) aquifer
Denver aquifer
Arapahoe (Upper and Lower) aquifer
Laramie-Fox Hills aquifer
Nontributary Water in the
Denver Basin
The Denver Basin contains nontributary and
not nontributary ground water
Nontributary ground water has a limited
connection with the surface water or alluvial
ground water systems (statutory threshhold
for impact to surface water)
Not nontributary ground water is water in the
Denver Basin aquifers that does not meet the
statutory threshhold
Nontributary Water in the
Denver Basin
Senate Bill 213 (1973)
Land area
100-year aquifer life
Senate Bill 5 (1985)
Promulgated rules
further guide administration
describe physical/hydrologic properties
Exempt/Small Capacity Wells
Household Use Only (for most)
Domestic (often includes outside
uses)
Livestock
Commercial
Existing Unregistered
Monitoring and Observation
Non-Exempt/Large Capacity
Wells
Subdivision with Augmentation Plan
Irrigation, Municipal, Industrial, and
Commercial
Pond That Intercepts Ground Water
Recovery Wells
Geothermal Wells
Permanent Dewatering Systems
Differences Between Exempt/Small Capacity
and Non-Exempt/Large Capacity Wells
Exempt/Small Capacity Non-Exempt/Large
Not administered Capacity
within the priority Administered within
system the priority system
Water available or (except DB,NT and
presumption of no Des. Bas.)
material injury
Material injury must
Uses limited by not occur
statute
Well spacing limits
Most limited to 15
gpm
Most require return
flow
Differences Between a Well
Permit and a Decree
Well Permit Decree
Permit to construct Adjudication of water
and use limitations right
Issued by DWR Issued by Water
Does not convey a Court
water right Absolute or
Does not guarantee conditional
quantity or quality of Does not guarantee
water quantity or quality of
water
Parcel Creation and Water
Supply Requirements
Pre-June 1, 1972 Parcels
Parcels 35 Acres or Larger
Subdivision Exemptions
Subdivisions
Cluster Development
Subdivision Referral and
Review
Senate Bill 35
30-28-133 – Water Supply
30-28-136 - Submittal to SEO for
review and comment
Outside Denver Basin
Inside Denver Basin
Subdivision Review
Outside Denver Basin
Tributary ground water
Court-approved augmentation
plan required
All ground water is assumed to
be tributary. Burden is on the
applicant to prove otherwise
Subdivision Review
Inside Denver Basin
Not nontributary ground water
Court-approved augmentation plan
required
Non-tributary ground water
Water may be decreed or water
supply may be based on available
water
Common ?????
If I have a water right or a well permit,
does that mean I own the water
associated with that right or permit? No.
Colorado is a “right to use” state (aka,
usurfructuary right)
Common ?????
Can I get a well on my property if I
have other water available to my
property? Only if the water provider
does not object to us issuing a well
permit and the property qualifies for a
well permit.
Common ?????
Can I install a rainwater harvesting
system in my yard (e.g., rain barrel)?
No. Water is a public resource and must
be administered in priority.
Can I use gray water? In some cases,
yes. But practically, no, due to water
quality regulations.
Information Resources
DWR Web Page
(www.water.state.co.us)
Ground Water Information
(Denver)
Records (Denver)
Division Offices
Water Commissioners
Questions?
Think Snow!
Related docs
