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June 29, 2026
Rio Grande Water Conservation District General Manager Cleave Simpson testified it’s not a foregone conclusion that groundwater irrigators would pay the $500 per acre-foot fee for overpumping but have other options under the Fourth Amended Plan of Water Management for Subdistrict 1.
Simpson was the first to take the witness stand Monday in a state water trial that will determine if the Subdistrict 1 plan will go into effect. The plan, which calls for Subdistrict 1’s groundwater withdrawals not to exceed the amount of natural surface water that comes into the Upper Rio Grande Basin, has been approved by the state engineer and now is being tested in state water court.
Opponents to the plan argue the state engineer’s review was not thorough, did not follow Colorado water law and should not be allowed to go into effect. Other opponents have more nuanced arguments around surface water credits.
The linchpin to the subdistrict’s Fourth Amended Plan of Water Management is the overpumping fee, which some farmers and ranchers argue will put them out of business. Simpson testified that groundwater irrigators can purchase surface water credits from neighboring operations or submit their own plan of augmentation for approval from the state without incurring the subdistrict’s overpumping fee.
A 2018 letter sent by then-State Engineer Kevin Rein that warned of mass groundwater curtailment without progress on the unconfined aquifer “created a heightened sense of urgency,” within the Rio Grande Water Conservation District and Subdistrict 1, Simpson testified.
The federal government’s voluntary Conservation Reserve Enhancement Program became one program the water conservation district shifted into to reduce the amount of productive acres farmed. A Fourth Plan of Water Management for Subdistrict 1 became another, Simpson said.
The water trial comes three and a half years after the subdistrict water management plan was adopted by Simpson’s Rio Grande Water Conservation District board. The effort is tied to recovering the unconfined aquifer of the Upper Rio Grande Basin and restoring it to sustainable levels.
A group of subdistrict irrigators organized under the Northeast Water Users Association and Sustainable Water Augmentation Group are opposing the plan. They irrigate on 11,000 acres in the Center area. Also in opposition are owners of the L Cross Ranch, who rely on La Garita Creek and Carnero Creek as water sources in addition to their own groundwater pumping.
The trial will continue through July.
Raising the price of water is a sure way to reduce its overuse. It would force farmers to concentrate on profitable crops that make efficient use of water, and it would reduce the inequity in price between agricultural and municipal users.