State Engineer Dick Wolfe is beginning the process to promulgate ground water rules/regulations this year for the Rio Grande Basin.

Process

begun;

committee sought



By RUTH HEIDE

ALAMOSA — State Engineer Dick Wolfe this year is making good on his promise to regulate wells in the Rio Grande Basin.

Wolfe has not set a specific date for adopting ground water rules and regulations but plans to promulgate them by the end of May.

As the first step in that process, Wolfe signed an order establishing an approximately 40-member advisory committee that will help the state develop the ground water rules and regulations for the basin (the San Luis Valley.)

“The benefit of establishing an advisory committee is that all stakeholders can be represented and provide advice and recommendations to me in shaping the rules and regulations,” Wolfe stated. “It is my hope this large group will be able to sufficiently represent the many varied interests in the basin.”

In the order establishing the advisory committee, Wolfe cited his authority under the General Assembly to administer ground water in Water Division 3 (the Valley) in order to protect senior water rights, maintain aquifer sustainability, reduce further water declines and encourage the use of ground water management sub-districts.

Wolfe added that by statute he is required to regulate the waters of the state according to the state’s constitution, Water Rights Determination and Administration Act and other laws. He cited statutes that provide the state engineer with wide discretion in permitting continued underground water use “consistent with preventing material injury to senior surface water rights.”

Wolfe stated that the purpose of the proposed rules/regulations will be to protect vested water rights in the basin “while at the same time encouraging the maximum beneficial utilization of Colorado’s water under sustainable conditions.”

Recognizing the “complex surface water and groundwater systems in the Rio Grande Basin,” Wolfe said he decided it would be beneficial to create an advisory committee comprised of waters users and representatives from groups with water rights interests in the basin.

“While this process takes more time,” Wolfe stated, “I believe it leads to rules and regulations that stakeholders in the basin can support, thereby avoiding the time and expense of litigation that may arise if I were to proceed in a more traditional manner.”

The committee will assist the state engineer in complying with Senate Bill 04-222 specifically ensuring that: senior water rights are protected; unreasonable underground water level declines prevented; underground water supplies maintained/sustained; ground water management sub-districts encouraged; the Rio Grande Compact obligations protected; and irrigation season start/stop criteria established.

The state engineer will provide the advisory committee with drafts of proposed rules/regulations before they are adopted, and the committee members will provide input on those drafts.

Wolfe is requesting one representative from each of the following water districts to make up the advisory committee: Alamosa - La Jara Water Conservancy District; Conejos Water Conservancy District; Rio Grande Water Conservation District; San Luis Valley Irrigation District; San Luis Valley Water Conservancy District; and the Trinchera Water Conservancy District.

In addition, the state engineer is seeking one representative from each of these geographic areas or water user associations: Acequia Preservation Association; Alamosa-La Jara area; Carnero/La Garita area; Costilla/Culebra area; Saguache area; Rio Grande Senior Water Users; San Luis Valley Well Users Association; Rio Grande Water Users Association; Empire Canal Water Users; Rio Grande Canal Water Users Association; Trinchera Irrigation Company; Costilla Acequia Association; and the Sanchez Ditch and Reservoir Company.

Wolfe is also seeking one county commission nominee from: Alamosa; Conejos; Costilla; Mineral; Rio Grande; and Saguache Counties. He is also seeking municipality representation from Alamosa, Blanca/Fort Garland, Center, Creede, Monte Vista, Saguache and San Luis.

The federal and state agencies are not left out. Wolfe has included one representative from each of these agencies: Bureau of Land Management and United States Forest Service; Colorado Division of Wildlife; National Parks Service - Great Sand Dunes National Park; Natural Resources Conservation Service; and the United States Fish and Wildlife Service.

The state engineer will also select at least five others to serve on the advisory committee representing additional appropriators of water in the basin, engineers or water attorneys who practice in the basin.

The state will also accept individual nominations by email to jody.grantham@state.co.us.

“With all the varied interests in the Valley we want to be sure we get good representation on the committee so we can fully consider the points of view,” said Deputy State Engineer Mike Sullivan.

The state has already sent letters out to the various organizations listed above asking them to nominate someone to represent their interests on the committee. Wolfe told the organizations that their nominee does not have to be a member of their organization but should represent its interests.

“They also will need to be able to dedicate significant time in this process, as I am under a rather tight time frame to have these rules completed,” Wolfe stated.

After Wolfe’s office receives nominations and expressions of interest, Wolfe will appoint, announce and convene the advisory committee members. Wolfe hopes to schedule the first meeting of the group by late January and has asked organizations to submit nominees by January 23. The advisory committee’s meetings will be open to the public.

Wolfe said that after the first initial meeting, the advisory committee would probably break into sub committees with specific focuses such as technical and legal aspects of the rules.