U.S. Water News Online
FORT MORGAN, Colo. -- Several hundred farm families hit hard by the drought may see their water wells shut down as a long-simmering water war erupts in northeastern Colorado.
If the shutdowns occur, millions of dollars in corn, alfalfa and bean crops could be lost.
``After they've invested all that water, it would be ridiculous to shut them off,'' said Colorado Agriculture Commissioner Don Ament. ``You will ruin those crops and that would be a total waste of the resource.''
At issue is whether the farmers are putting enough water into the South Platte River to compensate for the water they pump from their wells.
By law, farmers must replenish the river after levels drop as a result of groundwater pumping. If they can't, they must stop pumping.
In wet years, the issue never surfaces because there's more than enough water.
This year, water is scarce, prices are high, and every entity with an interest in the river has become protective of its supplies.
Cities are lining up against farmers, and in some cases, farmers are lining up against their neighbors.
Recently, one powerful group of water users notified the state engineer, whose staff is responsible for policing the wells and the river, that it plans to sue the state to correct the problem.
Tim Buchanan, an Arvada water attorney who represents more than half a dozen large eastern-plains irrigation and ditch companies, said his clients may seek an injunction to stop the pumping, or seek damages.
``These wells are being allowed to continue pumping while my clients' fields are burning up. Their senior water rights are doing them no good,'' Buchanan said.
Even if lawsuits don't shut down the wells, the state engineer may have to shut them down anyway if water supplies continue to evaporate.
``If they cannot replace their depletions, we will issue notices to well owners that they have to shut off their wells,'' said Dick Stenzel, the district engineer who supervises the South Platte River Basin.
Farmers who continue to pump after the state tells them to stop face fines of $500 a day, Stenzel said.
Go. Bill Owens has approved an emergency bailout of $1 million to help farmers pay for new supplies, at best a short-term fix.
In Colorado, water rights are assigned on a first-come, first-served basis.
Those who have the oldest water rights have the most senior rights on the system and must receive their water first, even though they may be lower on the river than those with more junior water rights.
Among Buchanan's clients are Fort Morgan Reservoir and Irrigation Co., North Sterling Irrigation District, Harvey Ditch Co. and Liddle Ditch Co.
A number of Front Range cities, including Boulder, Highlands Ranch, Denver and Thornton, are worried about the way the wells have been managed.
Last week, as part of a water court case to determine how the well-management programs will run in the future, they filed formal protests against the state's management plans, saying the state doesn't protect the river well enough.
``If we have to pass along some of our water to senior users lower on the river, that's fine,'' said Veronica Sperling, an attorney who represents Boulder and Highlands Ranch. ``But when there's a group of people who are continuing to deplete the river flows by pumping, that's not right. That's what we have a problem with.''
Robert Tuck, a Weld County cattle rancher, said the notion that farmers are pumping without regard for the river's supplies or that they are solely responsible for the river's distress, is wrong.
All the farmers have been working to maintain the river's water supplies, he said.
``Not one of us thinks we can pump anything we want anytime we want,'' Tuck said. ``We've all been very diligent.''
``We think we can make it through August,'' said Jack Odor. He manages the Groundwater Appropriators of the South Platte, a nonprofit group that oversees the well-replenishment program for about 1,500 farmers and 3,000 wells in the South Platte River Basin. ``But if we don't have a really wet winter, I don't know how we can make it next year.''
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