The Colorado Supreme Court upholds water court groundwater Sub-district #1 operating plan decision

San Luis Valley Groundwater
San Luis Valley Groundwater

From The Pueblo Chieftain (Matt Hildner):

The Colorado Supreme Court turned back four challenges Monday from San Luis Valley surface water users who objected to the operations of a groundwater management subdistrict.

The court’s opinion written by Justice Monica Marquez upheld rulings from the Water Division No. 3 Court in 2012 and 2013 that, among other points, allowed Subdistrict No. 1 to use groundwater from a federal reclamation project to mitigate the impacts of groundwater pumping.

In 2012, the subdistrict, which takes in 3,400 wells in the north-central valley, issued its first annual plan on the steps it would take to eliminate injury to senior surface water users and restore the aquifer.

The plan, which was approved by the Office of the State Engineer and the local water court, included the proposed use of 2,500 acre-feet from the Closed Basin Project as a source of replacement water. Objectors argued that the project itself caused injury to users along the Rio Grande, because the groundwater it draws from is tributary to the river and any withdrawals in the overappropriated basin is presumed to cause injury.

The state Supreme Court ruled against that argument, noting that objectors offered no proof that the project’s water was tributary to the Rio Grande.

Further, the court found that the use of project water did not violate its initial decree, nor interfere with the state’s ability to meet its obligations under the Rio Grande Compact.

The court also ruled that the subdistrict’s annual plan to replace injurious depletions did not have to be set aside pending the resolution of objections.

Moreover, its handling of augmentation wells in the annual replacement plan was legal.

Objectors included the San Antonio, Los Pinos and Conejos River Acequia Preservation Association, Save Our Senior Water Rights, Richard Ramstetter and the Costilla Ditch Co.

More San Luis Valley groundwater coverage here.

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