Issues and Updates in Water Division 3 Colorado Bar Association January 14, 2021 Craig Cotten Division Engineer GroundWater Use in the Rio Grande Basin Saguache Crestone Creede South Fork Monte Vista Alamosa San Luis Antonito Saguache Crestone Creede South Fork Monte Vista Alamosa San Luis Antonito • Irrigated acreage Ground Water Use (Over 250,000 production water wells) Aquifer Average Annual Supply (acre-feet)2 Denver Basin 70,000 South Platte Alluvium 300,000 Arkansas River Alluvium 200,000 San Luis Valley Aquifers 380,000 High Plains – Ogallala1 1,000,000 Bedrock Aquifers – Mountains 50,000 Other Designated Basins & Nontributary 300,000 Total 2,300,000 1High Plains- Ogallala is considered designated ground water 2One acre-foot equals 325,851 gallons First Attempts at Groundwater Administration • 1969 Water Right Determination and Administration Act • 1972 Moratorium • 1981 Moratorium • 1975 Rules Interim Administration • 1985 Closed Basin 60/40 Agreement Catalysts of Change Since 2000 • HB 1998-1011 • Drought of 2002-2005 (and ongoing) • SB 2004-222 Recent Groundwater Rules • 2004 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”) • 2005 Water Measurement Rules – Most wells >50 gpm must be metered. • 2010 Irrigation Season Policy - Establishment of a formal Irrigation Season. Later decreed by Water Court as part of the 2015 Groundwater Rules. • 2015 Ground Water Use Rules – Rules have been upheld. Will go into full effect on March 15, 2021. Objectives of 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 Current Groundwater Rules and Regs • Applies to Most Division 3 Non-Exempt Wells • Based Upon RGDSS Model Results • Replace Injurious Depletions and Sustain Aquifers • Subdistricts Rio Grande Compact 1938 Rio Grande Compact • Entered between Colorado, New Mexico, and Texas • Equitably apportions the waters of the Rio Grande above Fort Quitman, Texas • Compact limits depletions to roughly ~1929 levels. Alamosa Albuquerque Elephant Butte Reservoir El Paso Fort Quitman Administration • Each state has an Engineer Adviser • Each state has a Compact Commissioner – Colorado’s commissioner is the State Engineer – New Mexico’s commissioner is the State Engineer – Texas’ commissioner is appointed by the governor Rio Grande Compact Delivery Requirements as a Percentage of Annual Index Flows 80% 70% 60% 50% 40% 30% 20% Percent of Index Required for Delivery 10% Rio Grande River Conejos River 0% 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 Annual Index Flow (Acre Feet X 1000) SPILL SPILLS Art VI 600,000 Art VIII 400,000 Art VII Litigation • 2012: Texas sued New Mexico and Colorado. – Lawsuit is mainly about Groundwater Pumping below Elephant Butte Reservoir in New Mexico. – Special Master. – States currently in mediation. Supreme Court Cases, and Administration Recent Supreme Court Cases . Meagher v. State Engineer: • Challenge to state’s ability to enforce well metering rules . Cotten v. Kruse: • Determination of source of legal water supply • 2 Summary Judgements plus a trial • Currently before the Supreme Court . State’s position on surface water/groundwater administration 26 Questions? QUESTIONS?.