Colorado state engineer approves temporary wells

June 2003

U.S. Water News Online

DENVER -- About two-thirds of farmers coping with drought-related problems in northeastern Colorado have received permission to draw supplemental water from area wells.

Additional applications are pending under a new law that allows well users along a section of the South Platte River to pump water if they file water-replenishment plans with a water court judge by 2005.

Spring rains have provided surface water to help many farmers during the planting season, and the well water will be available in July and August as needed, State Engineer Hal Simpson said.

``I think we've been fortunate with the showers we had and spring rains,'' Simpson said.

Forrest Leaf, a water consultant for the Central Colorado Water Conservancy District, said the approval for two-thirds of the wells is good news for farmers.

``Groundwater is a very big part of their irrigation, in some cases half of their water supply,'' he said. ``The spring rains are filling reservoirs, and those were senior water rights to the well owners and prevented them from operating. Last year, we were a dust bowl.''

Simpson has approved applications for farmers to draw from 1,800 wells.

About 1,500 farmers use groundwater to supplement surface water in crop irrigation, municipal supplies and other uses on the South Platte.

The Colorado Supreme Court ruled this year that the state engineer exceeded his authority in approving rules governing wells along the river.

The court unanimously supported long-standing water law that states those with the oldest water rights have the highest priority even in a drought.

The new law was enacted in the wake of the court ruling.

Many well owners opted to file their plans with the water court under legislation passed last year that allows them to get temporary water allocations approved year to year.

Simpson approved many of those plans, including requests from Logan Well Users, Lower Logan Well Users, Dinsdale Brothers, Lowline Ditch Co. and Sedgwick County Well Users.

He also approved a request from the Central Colorado Water Conservation District.

A decision is pending on the South Platte Water Users Association, which affects about 350 wells.

Owners of about 700 wells who opted to take advantage of the new law will wait another month until hearings can be held on their plans, including Groundwater Appropriators of the South Platte.

Leaf said a delay in approval for that group was a big concern. ``That's going to impact a lot of farmers,'' Leaf said.

GASP manager Jack Odor said he expects approval for those wells later after hearings are held.

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