Well rules likely not to face appeal

ALAMOSA — Water entities are responding to a March 15th decision by Chief District/Water Judge Pattie Swift to approve state rules and regulations regarding groundwater withdrawals from the Rio Grande Basin.

Colorado Division of Water Resources Deputy State Engineer Michael Sullivan said on Wednesday he knew of no appeals to the March 15 ruling and did not expect any. However, he said there was “always a chance” someone could appeal Judge Swift’s ruling to the Supreme Court.

He said the division is moving forward and viewing the implementation of the rules as of the date of the judge’s ruling, March 15.

“I am not anticipating a challenge to the rules at this point in time,” Sullivan said.

Rio Grande Water Users Association Attorney Mason Brown said the 150-page ruling was “a very well thought out and reasoned order.” He said about 50 pages of the order dealt with the groundwater model, its development and revision as more data is available to input into the model. He said, for example, that there are new wells in the area of Diamond Springs, one of the points of contention during last year’s trial, and the model will be updated as that data becomes available.

Mason said it is important to make sure the data going into the model is good, because calculations are based on that data. A peer review team reviews data inputs used in revising the model.

Mason said 2J Ranches, one of the protestors to the rules during the 2018 trial before Judge Swift, has argued that the model does not accurately depict response functions around Diamond Springs. They also argued that groundwater pumping in that area caused the decline of Diamond Springs.

Mason said rules proponents argued that the pumping was not the only cause for the springs’ declining flows, but other factors were also responsible.

Mason talked about the time periods for compliance with the rules going forward. Mason said groundwater management plans must be in place a year from now, with replacement plans the year following. Those who are not in sub-districts have two years from last Friday to file augmentation plans with the court and substitute water supply plans in the meantime to be in compliance, Mason added.