Click the link to read the article on the Alamosa Citizen website (Chris Lopez):

June 12, 2026

Some kind of “biblical flood” would have to occur over the next few years for the unconfined aquifer of the Upper Rio Grande Basin to recover, given the current downward measurements and the anticipated negative trajectory of the shallow aquifer’s storage area. That according to State Engineer Jason Ullman, whose testimony Friday wrapped up week 2 of the Subdistrict 1 Fourth Amended Plan of Water Management trial underway in Alamosa state Division 3 Water Court.

Ullman followed by telling the water court that without such a historical climate event, the current Subdistrict 1 Plan of Water Management is unlikely to meet its goal of reaching a sustainable aquifer by 2031, or five years from now and 20 years since the plan was first approved. 

His option over the next five years without a new plan of water management, he told Division 3 Water Court Judge Michael Gonzales, would be to not approve annual replacement plans, which is the mechanism groundwater well pumpers use for irrigation.

If annual replacement plans don’t get approved, wells cannot pump.

“I think I would say that it’s nearly impossible outside of some kind of biblical flood,” he testified of the current state of the unconfined storage area. “And even if that was to happen, there’s a limit to how much water can infiltrate into the aquifer on an annual basis or a monthly basis. So I don’t know that you can infiltrate enough water into the aquifer to reach that level by the 2031 deadline.”

According to monthly readings by Davis Engineering, the unconfined storage study area is measuring as low as it ever has since measurements by the consultant firm began in 1976, the court heard.

“In your opinion, will the current plan’s method of dry-up be able to achieve aquifer sustainability?” Rio Grande Water Conservation District lawyer Pete Ampe followed up with Ullman.

“No,” the state engineer told the water court. “I think it’s clear that based upon previous testimony that the goal in the previous plan was to reach 40,000 acres of dry-up that would’ve resulted or estimated to result in 80,000 acre-feet of reduction in use from the aquifer. And I think previous graphs showed that that has occurred, and yet we still see this precipitous decline. 

“I mean, I think some folks have talked about how it’s maybe leveled out some, but if you look here at the graph, if I was to plot a longer term or a longer than five-year average, I think you could agree that the trend is downward. It’s not upward, which is problematic when we have very limited time, five years to reach the sustainable water supply level defined in the current plan.”

The sustainable measurement definition is a five-year running average of water storage at negative-400,000 to negative-200,000 below surface and toward the 1976 readings.The current measurement, according to court exhibits, is 1.2 million acre-feet below and declining.

The state engineer’s office approved the fourth amended plan in June 20203, and it is the state engineer who would order widespread groundwater well curtailment. Gonzales must approve the new plan for it to move forward and Ullman to take that option off the table.

During testimony throughout week 2 of the subdistrict plan of water management trial, state Division 3 engineer Craig Cotten and state engineer Ullman testified to the limited amount of time left, without court approval of the updated plan, before wells are shut off.

“We have other impacts because of the lower aquifer supply that are occurring to other water users, to well owners,” Cotten told the water court. “As I’ve discussed, the amount of electricity costs that it takes to pump water out from a lower aquifer, the lowered efficiency of getting flood irrigation across a field, the impact to the environment from not having a water table at the near surface and potentially some ponds around. So lots of impacts. And I do think that we do need to recover the aquifer in a reasonable time period.”

The water trial is moving along speedier than anticipated during pre-trial conferences when Gonzales set the case to be over five weeks. William Schreüder, who created and maintains the Rio Grande Decision Support System Groundwater Model which is a key exhibit in the case, faced limited cross examination to his testimony, and Clinton Phillips, who maintains the unconfined aquifer storage area study for Davis Engineering and whose monthly storage graph provides key data for the state Division of Water Resources decisions, faced no cross examination.

One attorney, Mirko Kruse who is arguing his family’s specific concern around ditch decrees but overall supports to new plan, told the judge that in trying to be efficient with the court’s time he was prepared to make the very specific legal points to his client’s objections next week, if the judge wanted to hear those early.

The judge declined and said he preferred to hear all the expert witness testimony first.

There is little argument to the problem that the unconfined aquifer storage is declining due to groundwater withdrawals and the warming climate of the era, which is hugely problematic for any natural recovery through high elevation snow melt.

After two weeks, the arguments before Judge Gonzales center around surface and groundwater water rights, recharge decrees, and whether the fourth amended plan was crafted legally and openly and creates an economically fair playing field for all the irrigators in the subdistrict.

“Dr. Schreüder, what in your opinion does this all just come down to?” came the question from RGWCD attorney Pete Ampe toward the end of Friday.

“Well, your Honor, the basic premise of the fourth plan is that they will do one-for-one (pumping) which means we’re going to put more water into the aquifer than we’re going to take out and it’s common sense that under those conditions the aquifer should recover.”

The trial moves into week 3 on Monday, July 13, with State Engineer Ullmann still on the witness stand.