State Ground Water Use rules to take effect

Colorado Division of Water Resources Division 3 Engineer Craig Cotten noted water user deadlines during his update at the 39th Annual Southern Rocky Mountain Agricultural Conference and Trade Show on Feb. 4.

MONTE VISTA — For two hours, a cascade of Zoom presenters on the final day of the 39th Annual Southern Rocky Mountain Agricultural Conference and Trade Show explained different aspects of the San Luis Valley water situation.

Thursday’s, Feb. 4, updates included historical data and projected forecasts, but water users on the call also heard about pressing deadlines. The 2015 Ground Water Use Rules fully take effect on March 15. Some well owners, for example, may not realize how new regulations will affect them this spring.

Colorado Division of Water Resources Division 3 Engineer Craig Cotten shared the most news, sandwiched between Rio Grande Water Conservation District (RGWCD) updates and a final presentation opposing export out of the basin. Presenters shuffled on the fly to accommodate connectivity and stay on schedule.

The participant list on the call showed 68 connections when Amber Pacheco began by noting that RGWCD General Manager Cleave Simpson and the program manager for Subdistricts 4 and 5, Chris Ivers, would not present as scheduled. Ivers was leading a special Subdistrict board meeting at the same time.

The program manager for Subdistricts 2, 3 and 6, Pacheco has already been absorbing some of Simpson’s duties since he won the Colorado State Senate District 35 seat. She presented his legislative update while he attended committee meetings in Denver. According to Pacheco, draft legislation called the “30 by 30 Resolution to Save Nature” sets a goal of measuring meaningful improvements in conservation across the country before 2030.

Pacheco said she was “not familiar with the legislation, so I can’t answer many questions. But looking over a short summary, it looks like there may be some potential economic opportunities for producers in the Valley who are looking to participate in conservation efforts.”

Pacheco mentioned retiring wells, planting cover crops and conducting soil projects as examples of these efforts, “just to name a few.”

Before moving on to updates for Subdistricts 2, 3 and 6, Pacheco encouraged participants to contact the San Luis Valley Ecosystem Council Director Christine Canaly for legislative details — 719-589-1518 or [email protected]

In April, Subdistricts 2 and 3 will complete the second year of Annual Replacement Plans (ARPs). “So far,” Pacheco said, “we’ve successfully replaced all stream depletions to all river systems as required under our plans.” Pacheco added that Subdistrict 6 is currently in its first year, and “they have successfully replaced all their depletions to date.”

Subdistricts 3 and 6 operate with sustainability requirements defined in the 2015 Ground Water Use Rules. They are currently within 78% of requirements and look sustainable for a while, although continued drought conditions may threaten the 22% cushion.

Pacheco closed by addressing water users in Subdistricts 2, 3 and 6 who received letters from DWR regarding commercial non-exempt well uses. If they want to become a subdistrict member, they need to contact Pacheco immediately. The customary deadline for receiving subdistrict applications is the first of December for the following year. But the DWR letters mailed in January.

The contract deadline for Subdistricts 4 and 5 is Feb. 15. Although they are no longer soliciting new members, they’re looking for wet water sources on San Luis Creek and Saguache Creeks. They are also seeking Well Injury Payments (WIPs or “forbearance”) on Kerber Creek and Crestone Creek. Partial and full-year Annual Replacement Plans are due. Plans covering March 15 to April 30 are due on March 1, and the annual plan starting in May is due April 15.

The same deadlines apply to Subdistrict 1 water users, according to Program Manager Marisa Fricke. Fricke celebrated 2020, the year with the highest enrollment in subdistrict history. Of the 399 well owners who received letters from DWR, 300 are in the Subdistrict 1 response area. Fricke encouraged owners to reply before making conclusions. One letter recipient called DWR for clarification and resolved the issue right away.

Aerial photographs showed a structure on his land, but he explained it did not cover a well and he was removed from the list.

DWR District Engineer Cotten recapped water history from 1938 to present while showing forecasts for hotter, dryer conditions this year. Throughout his update, he referred to the dry years of 2002, 2018 and 2020.

As of Feb. 3, the Snow Water Equivalent for the Upper Rio Grande looks promising at 107%. But runoff forecasts are low. None reach 100% of average as of Feb. 1, and the San Antonio River meandering into New Mexico and back into Colorado ranks lowest among forecasts at 58%.

Referring to letters some well owners received, Cotten reiterated new groundwater rules about to take effect. Wells permitted for domestic drinking and sanitation only will be subject to the Rio Grande rules, which means they will have to cover depletions by joining a subdistrict or presenting an augmentation plan. They can contact DWR for more information.

Closing out the water presentations, SLV Water Conservation District Manager Heather Dutton described opposition to the fifth water export proposal from the San Luis Valley. Previous proposals — San Marcos Pipeline, American Water Development Inc. (AWDI), Stockman’s Water and Sustainable Water Resources – failed. The current pitch from Renewable Water Resources (RWR) does not include water court or permit filings to date, although marketing activities continue.

The RWR website (renewablewaterresources.com) provides background and objectives about the proposal. Dutton encouraged people to compare the RWR website with protectsanluisvalleywater.com and the Protect San Luis Valley Water Facebook page to compare data points.

The depth (and salinity) of the water has been disputed since geologist Phil Emery hinted at two billion acre-feet stored in the deposits in 1971. He later explained his miscalculation, but the billion-acre-feet notion persists. Meanwhile, all the Valley water has already been allocated. Two ditches carry water from the Sangre de Cristo mountains to the Wet Mountain Valley between May and July, approximately 1,063 acre-feet a year. The rest heads downstream.

All the presenters encouraged participants to join Subdistrict meetings and expand research. On the heels of economic development and crop storage discussions earlier in the morning, presenters reiterated the value of two-way communication. Water users understand the issues and can elevate discussions.

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