Click the link to read the article on the Alamosa Citizen website (Chris Lopez):
July 17, 2026
The Colorado Division 3 water trial that virtually every farmer and rancher who operates in the Upper Rio Grande Basin is paying attention to is on track to wrap up this week, with former State Engineer Kevin Rein scheduled to testify before final arguments are made, Judge Michael Gonzales signaled Monday.
The trial in Alamosa water court deals with the Fourth Amended Plan of Water Management for Subdistrict 1 of the Rio Grande Water Conservation District, which outlines a new approach to the aquifer recovery by limiting the subdistrict’s groundwater withdrawals to the amount of surface water that naturally comes into the lands annually. It is the subdistrict with the largest cash crop receipts in the Valley’s growing fields, the subdistrict with the largest volume of groundwater pumping, and the subdistrict under orders from the state to recover the basin’s shallow unconfined aquifer.
The new plan, approved by Rein before he retired as state engineer in 2023, has been dissected by farming operations protesting the plan in water court by arguing groundwater irrigators will be driven out of business because of the plan’s limits on groundwater pumping and a hefty $500 per-acre-foot pumping fee.
“It will be a hard nut to crack,” Dee Greeman, who works the L Cross Ranch, testified Monday.
L Cross is among the operations protesting the plan. Given the multi-decade drought conditions, the overpumping fee and the fact L Cross would no longer be allowed under the new plan to offset its pumping with its own surface water as credits to its groundwater withdrawals, the value of the ranch would be affected long term, Greeman told the court.
“It’s a gamestopper,” he said, if wells can’t pump because it is from its groundwater pumping that L Cross finds profit in producing hay.
Greeman’s testimony on Monday wrapped up presentations by the different protestors to the plan. The state Division of Water Resources, which is defending the plan, will bring back witnesses to rebut different testimony and key to it all will be Rein.
It was the testimony of former state Division of Water Resources engineer Ken Knox at the conclusion of week 3 of the trial that prompted Gonzales to tell the state that it is only common sense for Rein to testify. Knox trashed Rein’s review, saying it didn’t take all the proper steps and didn’t include all the critical information for a state engineer to conduct a review of a water management plan.
Following a motion Monday by Preston Hartman, the state assistant attorney general defending the Fourth Amended Plan in water court, to dismiss the protestors case, Gonzales ruled that the protestors have provided sufficient evidence to keep going and scheduled closing arguments for the end of week after Rein testifies on Wednesday.
Once the final arguments are made, Gonzales will set a timeline for his review and decision.
“This is not something we want to push out too far,” the judge said at the conclusion of Monday’s session.
