U.S. Water News Online
DENVER -- More farmers and other water users in northeastern Colorado could see their wells shut down if new rules to bring the state into compliance with an interstate water compact on the Republican River are approved.
Colorado and Nebraska, both struggling with drought, have been using more water from the river than they are allowed under an agreement with Kansas, which says it will act soon to force compliance.
Draft rules by the Colorado state engineer's office that would shut down wells and possibly halt surface-water diversions in part of the Republican River basin are intended to stave off a lawsuit by Kansas.
"At an August meeting, Kansas Attorney General (Paul) Morrison made several statements that compliance with the compact is not an option," said Ken Knox, Colorado's chief deputy state engineer.
Knox will explain the proposal during a series of public meetings in northeastern Colorado.
A new group hopes state officials will consider alternatives to halting water use.
"What we're trying to do is have a unified voice and have positive and proactive solutions other than well shutdowns," said Joe Newton, chairman of the Colorado Agriculture Preservation Association.
Newton, who farms and ranches near Eckley, said about 325 people attended the ag group's first meeting in Idalia. He said the group supports an engineering study commissioned by the Republican River Water Conservation District to come up with other ways to fulfill Colorado's obligations, such as shipping water from outside the area.
"Shutting down wells would be very destructive to the economics of our whole community," Newton said. "Our heritage and our futures are being challenged."
The prospect of losing their water comes as many farmers, including Newton, are enjoying some of the highest corn prices they have ever seen, thanks largely to the ethanol boom. It's a problem also for farmers on the South Platte River, whose wells were shut down when holders of senior rights successfully argued that wells were illegally drawing down the river.
Water users in Nebraska face similar predicaments as Kansas presses its case for compliance with a compact first signed in 1943 to divvy up use of the Republican River: 49 percent to Nebraska, 40 percent to Kansas and 11 percent to Colorado.
Nebraska and Colorado have acknowledged exceeding their shares of river water as outlined in a 2002 settlement of a lawsuit by Kansas, which argued that the increasing number of wells was sapping the river and its tributaries. Kansas contends Colorado and Nebraska took 61 billion gallons of water more than they were due in 2003-06, or enough water to irrigate up to 70,000 acres of the state's corn each of those four years.
Knox said Colorado used between 10,000 acre feet and 12,000 acre feet more than its allotment during that period.
In May, Colorado released 2,200 acre feet of water over 25 days from the reservoir in Bonny Lake State Park, just a few miles from the Kansas border, to make up some of what it owes. About 30,000 acres of land in the Republican River basin have been taken out of irrigation, and water managers hope to idle another 30,000 acres by offering financial incentives.
Regulations proposed by the state engineer would shut down wells in a part of the basin encompassing stretches of the river's tributaries when the state exceeds its share, based on a projected five-year average. The use of surface water would be halted and water released from the reservoir the bigger the deficit grows.
Only high-capacity wells, used for irrigation or by municipalities, would be affected. About 190 of those wells are in the area, although all might not be operable, according to the state engineer's office.
There are up to 4,000 wells in the Republic River basin, which covers all or part of seven northeastern Colorado counties.
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