Click the link to read the article on the Alamosa Citizen website (Chris Lopez):
MOTHER Nature will determine how much groundwater pumping occurs in ag-rich Subdistrict 1 of the Rio Grande Water Conservation District under a new plan of water management making its way to the state for approval.
The subdistrict and its parent Rio Grande Water Conservation District have been under pressure to bring the unconfined aquifer of the Upper Rio Grande Basin to a sustainable level or face curtailment of wells. The San Luis Valley has two aquifers – one unconfined and one confined.
In the draft of its new plan, which is the fourth amendment to the subdistrict’s Plan of Water Management, Subdistrict 1 members spell out the situation with the unconfined aquifer:
“Although the Subdistrict successfully remedied injurious depletions to senior surface water rights caused by groundwater withdrawals from Subdistrict Wells, it has not been successful in achieving and maintaining a Sustainable Unconfined Aquifer. This Plan is intended to address the now-apparent deficiencies of the previous Amended Plans of Water Management and adopts new means needed to achieve a Sustainable Unconfined Aquifer.
“The Subdistrict realizes that if more restrictive steps are not taken to achieve a Sustainable Unconfined Aquifer, the State Engineer will, at some point, be unable to approve a future Annual Replacement Plan, resulting in the curtailment of Subdistrict Wells. State Engineer denial of an Annual Replacement Plan could result in the curtailment of all Subdistrict Wells, causing severe negative impact on the agricultural economy of the Subdistrict and the San Luis Valley as a whole.”
The board of managers for Subdistrict 1 gave final approval to the plan on Tuesday. It now goes to the Rio Grande Water Conservation District Board for consideration. If approved there, it would be submitted to the Colorado Department of Water Resources and State Engineer Kevin Rein for review and approval.
“A lot of hard work has gone into this from everyone involved,” said Subdistrict 1 Board President Brian Brownell. “It’s been a struggle. Overall this is the best plan we could come up with.”
The amended plan relies on covering any groundwater withdrawals with natural surface water or the purchase of surface water credits.
The subdistrict is asking the state for 20 years to make the plan successful in recovering the aquifer, with a goal to restore 40,000 to 50,000 acre-feet a year over that 20-year period to bring the unconfined aquifer to a sustainable level.
TO get there the plan calls for a 1-to-1 augmentation, meaning for every acre-foot of water used, an acre-foot has to be returned to the unconfined aquifer through recharging ponds.
“Our pumping will be adjusted to whatever climate brings us,” said ex-officio board member Mike Kruse.
If the Valley experiences wet periods, groundwater pumping in Subdistrict 1 can match it. If the Valley continues with the persistent drought it has experienced over the past 20 years, groundwater pumping in the subdistrict will reflect the dryness.
“This plan takes into account the climate. That’s the beauty of it,” Kruse said
The predicament of the depleted unconfined aquifer is the result of the state granting too many well permits for groundwater pumping decades ago, now coupled with decades of drought going back to 2002.
“The state has to bear some responsibility,” said Subdistrict 1 board member James Cooley. “It isn’t all our fault.”
Subdistrict 1 Program Manager Marisa Fricke said the subdistrict had been making progress toward meeting the state’s goals with the unconfined aquifer up until 2018, when a particularly dry year hit the Valley. A wet 2019 brought some relief to the aquifer, but the subdistrict lost the progress it made after back-to-back dry years in 2020 and 2021, and now so far 2022.
The change in climate, said Brownell, has been the biggest factor in working to restore the unconfined aquifer. “It’s nothing anybody could have foreseen and that is why we’re addressing it.”
“This concept we have is probably the only way we can address climate,” said Subdistrict 1 Board Member Jake Burris. “With this plan we’re living within our means.”
Based on modeling conducted by Willem Schreuder, president of Principia Mathematica in Denver, there is a high level of confidence among farm operators that the new plan will succeed in meeting the state’s requirement of a sustainable unconfined aquifer. The earliest the amended plan would take effect is for the 2023 irrigation season.
Some farm operators in Subdistrict 1 are filing their own augmentation plans with the state Division 3 Water Court in lieu of joining a new amended plan by the conservation district.
Renewable Water Resources, in its discussions with Douglas County, has tried to use the unconfined aquifer condition in Subdistrict 1 to further its case by approaching farmers with buyouts for their water rights. The RWR water exportation proposal is not in Subdistrict 1, but that hasn’t stopped RWR from trying to leverage the situation to their advantage, telling Douglas County that farmers in the Valley are facing imminent widespread water well curtailments, which isn’t the case.
Douglas County Commissioner Abe Laydon made it a point in his recent visit to the San Luis Valley to bring up well shut downs as a reason why Douglas County could help the Valley by investing in Renewable Water Resources and buying out farmers and establishing a Valley-wide community fund.
A state Senate bill offered by Sen. Cleave Simpson, who also works as general manager of the Rio Grande Water Conservation District, would help address the strategy of retiring groundwater pumping wells in all the Valley’s subdistricts. If adopted – the proposed legislation has cleared major committee hurdles – the Compact Compliance Fund would make available at least $30 million to the Rio Grande Basin to help with groundwater sustainability measurements and would offer the Rio Grande Water Conservation District another pot of money to execute its strategies.