From The Pueblo Chieftain (Matt Hildner):
Although a trial for new groundwater regulations in the San Luis Valley isn’t set until January 2018, State Engineer Dick Wolfe said his staff is working toward settlements to avoid that court date.
Wolfe told a Thursday meeting of the Rio Grande Compact Commission that efforts to compromise with the 30 objectors in the case have been underway for a few months.
“I’m very optimistic we’re going to be successful working through those issues with those other objectors in hopes to reach stipulation with all of those objectors and hopefully avoid going to trial,” he said.
Wolfe’s office submitted rules to the valley’s water court in September.
They were the first attempt by the state to issue comprehensive groundwater rules for the valley since the 1970s, when a previous effort never reached implementation.
The rules governing the roughly 4,500 highcapacity irrigation wells that tap into the valley’s two large aquifers require users to join a subdistrict, have an augmentation plan, or at least a temporary water supply plan.
The aim of the rules is to mitigate the impact of groundwater pumping on the valley’s streams and rivers, which are hydraulically connected to the aquifers in varying degrees. The objections to the rules cover a number of issues but many question the use of the state’s Rio Grande Decision Support System, a computer model that’s used in the calculation of stream loss caused by pumping.
But even if the rules do end up at trial, working toward settlements now can still pay off, Wolfe said.
“Even if we don’t ultimately get to an agreement with all those objectors we hope to at least limit the number of objectors so ultimately that would have to go to trial and the number of issues we would have to litigate,” he said.