Click the link to read the article on the Alamosa Citizen website (Chris Lopez):
July 17, 2026
Colorado Division 3 Water Court Judge Michael Gonzales said from the bench Friday that he wants to hear from former State Engineer Kevin Rein and without his testimony it will be “very hard for this court” and its decision on whether to allow the Fourth Amended Plan of Water Management in Subdistrict 1 to go into effect.
And that’s how Week 3 of the most important water trial in the past 25 years affecting the Upper Rio Grande Basin ended in Alamosa water court – the judge telling the state Division of Water Resources as it defends the plan that he would like to hear from the state engineer who approved the plan.
“Without hearing from Mr. Rein, it’s a concern,” Gonzales said.
Earlier during Friday’s afternoon session, he cautioned attorneys on their tone and their questioning of witnesses in a week when emotions inside the courtroom ran high.
“Let’s everybody cool their jets,” the judge said before he added an extra 10 minutes to the afternoon courtroom break.
The week opened with State Engineer Jason Ullman telling Gonzales that without the Fourth Amended Plan in action, Subdistrict 1 faces widespread curtailment since it will not meet the “sustainable” level of the unconfined aquifer by 2031 when the current plan of water management expires.
In 2018 Rein first alerted the Rio Grande Water Conservation District that broad curtailment could be on the table given the lack of progress in restoring the unconfined aquifer. It was then the subdistrict began working on a fourth amendment to its water management plan, which was ultimately adopted by the Subdistrict 1 board and then the Rio Grande Water Conservation District before Rein gave his sign off.
Ullman, who succeeded Rein as state engineer, told the court as he wrapped up his testimony that in his view the Fourth Amended Plan of Water Management, which features a one-for-one pumping mechanism, is the “most reasonable I can think of that would be likely to cause the aquifer to increase in level.”
The one-for-one features means the subdistrict would offset its groundwater withdrawals by returning an acre-foot of water for every acre-foot pumped during the irrigation season. The new plan also contains an overpumping fee of $500 per acre-foot which groundwater irrigators would pay if they cannot offset their groundwater withdrawals with their own surface water or surface water credits.
“Like I said, I understand that that decision has consequences, but there’s pretty significant consequences to doing something. And at some point as the policy decision makers, we have to make a decision to do something to meet these goals the General Assembly has set out. And I feel like that’s what we’ve done here. The consequences of doing nothing are much more drastic and draconian than the consequences of this plan,” Ullman told the court.
It was Rein’s review and sign off on the Fourth Amended Plan that has come under scrutiny by opponents to the plan. Rein retired at the end of 2023 after approving the plan and conducted this exit interview with Alamosa Citizen. During the conversation for an episode of The Valley Pod, he was reluctant to dive into the details of the plan because it was headed to water court and Judge Gonzales for a legal review.
“Without saying too much about that and the groundwater management plan for the subdistrict, from my perspective as a state engineer, there’s one critical aspect of that for both cases and that is the sustainability of the unconfined aquifer. As we know, that’s a difficult component of groundwater management in the Valley because we have a statutorily required sustainability objective. And that has found its way into the rules and into the groundwater management plan for the subdistrict,” he said at the time.
He added that under the existing plan of water management for Subdistrict 1, “it’s going to be very difficult to meet that sustainability objective … And I know that the subdistrict has worked hard toward an alternative in this current plan that I approved and is before the court, and the way that plays out is going to be so important to the irrigators in the Valley.”
Ken Knox, a former employee of state Division of Water Resources who at one point served as acting state engineer for approximately 18 months, criticized Rein during his testimony Friday for not conducting a thorough review and that the plan in sections was “devoid of necessary information” to approve the plan by the state engineer.
Rein’s review was a “dramatic step backwards for professionalism of agency standards,” Knox told the court. He was the final expert witness for the Northeast Water Users Association and Sustainable Water Augmentation Group, who are asking Gonzales to throw the plan out on legal grounds.
Rein’s review was a “dramatic step backwards for professionalism of agency standards,” Knox told the court. He was the final expert witness for the Northeast Water Users Association and Sustainable Water Augmentation Group, who are asking Gonzales to throw the plan out on legal grounds.
The farmers opposing the plan are trying to thread a few legal arguments to persuade Judge Gonzales to reject the plan. Their contention is the Northeast Water Users Association and Sustainable Water Augmentation Group are being asked to bear a disproportionate share of the burden in the aquifer recovery efforts because they are groundwater irrigators. They contend Rein didn’t conduct a full legal review of the sustainability and proportionality rules contained in state statutes governing recovery of the unconfined aquifer and the $500 fee makes the plan beyond the economic means of all the irrigators who hold water rights in the subdistrict.
“My land would have no value,” groundwater farmer Asier Artaechevarria testified, acknowledging that his operations rely 100 percent on groundwater withdrawals.
Ernie Myers, another farmer opposing the plan and who served on the Subdistrict 1 board for a several years, said it was after 2002, when the Upper Rio Grande Basin first experienced historic low flows from a lack of snow runoff, that he first began to feel targeted as a groundwater irrigator and had the feeling that surface water farmers were trying to put him out of business.
“I was pumping their water. I had no right to pump their water. I had a few farmers telling me, ‘I’m third, fourth generation. You’re a newcomer. You came in ’73 with your father. You have no right to do what you’re doing,’” Myers testified.
“And were there actually people saying that they intended to put you out of business?” a SWAG attorney asked.
“Yes, yes,” testified Myers.
Myers was the first to testify on behalf of SWAG and the Northeast Water Users Association. Knox was their final witness, and it was after his testimony that Gonzales made his interest in Rein testifying known.
“Common sense means a great deal to me,” the judge said.
Common sense tells the judge he should hear from the person who approved the plan he’s being asked to give legal approval to.
The trial resumes Monday with the L Cross Ranch, another legal opponent to the plan, making its arguments before Gonzales.
