The document summarizes the complex water rights issues around the South Platte River basin in Colorado. It provides background on Colorado water law and the doctrine of prior appropriation. It describes how the severe 2000-2002 drought exacerbated problems of over-allocation from tributary wells. This led to litigation including the Simpson v. Bijou case in 2003, where the Colorado Supreme Court ruled the State Engineer had exceeded authority by approving supplemental water supply plans without adjudication. The ruling highlighted tensions between the water courts' and State Engineer's roles in administering water rights.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
This preliminary jurisdictional determination evaluates the soil, vegetation, and hydrologic conditions around Nelson Reservoir on the Cal Poly campus to determine the jurisdictional boundaries for a proposed dock construction project. The report finds that the Army Corps of Engineers and Regional Water Quality Control Board have jurisdiction over the reservoir and adjacent wetlands as waters of the United States. The California Department of Fish and Wildlife also has jurisdiction as the reservoir provides habitat for fish and wildlife. The report describes the site conditions and provides the relevant regulatory background for the three agencies involved in the project.
Water Conservation and salmon issues for lower Fraser RiverEric832w
This document provides an overview of water issues in the lower Fraser River relevant to salmon conservation. It discusses threats to water such as pollution, diversion, climate change, and impacts from various economic sectors. It also covers ecosystem needs for fish including habitat and instream flows. The document analyzes water licensing and allocation issues and options to satisfy new water demands. It examines water law, governance, and opportunities for the Fraser Salmon and Watershed Program to engage in water policy.
This summarizes a key court case regarding the diversions of water from streams flowing into Mono Lake by Los Angeles. The case brought together California's system of water rights and the public trust doctrine. It determined that the state has authority over navigable waters as part of the public trust, and that water rights are not absolute but subject to reconsideration if diversions harm public trust interests like scenic beauty and ecology. The court said diversions from Mono Lake must be reconsidered to protect public trust values in the lake.
The document outlines the topics to be covered in a hydrology and water quality class, including reviewing CEQA checklist questions, the Federal Clean Water Act, California's Porter-Cologne Water Quality Control Act, regional water quality control boards, the 303d list of impaired waters, flood hazards, conducting impact analyses, analyzing groundwater and water supply assessments, and providing examples. The instructor provides guidance on assignments related to reviewing environmental documents and presenting on water quality projects.
The proposed new EPA wetlands rule aims to clarify regulatory authority over wetlands and other waters. It would make tributaries and adjacent wetlands "jurisdictional by rule" while other waters would require case-by-case evaluation. The rule proposes formal definitions of key terms and exempts certain lands like prior converted cropland and waste treatment systems. It is intended to provide more consistency and address uncertainties created by past Supreme Court cases. Stakeholders are encouraged to comment on the proposed rule by October 20, 2014. Case studies presented show how the new rule may impact projects near irrigation canals or isolated wetlands.
This document summarizes a study on the biogeochemistry of dissolved nitrogen, phosphorus, and organic carbon along terrestrial-aquatic flowpaths in a montane headwater catchment in the Peruvian Amazon. The study investigated spatial and temporal variations in nutrient concentrations from upland soils to streams under baseflow and stormflow conditions. Key findings include: 1) During baseflow, strong terrestrial controls maintained relatively constant nitrate levels in streams compared to more variable upland soils; 2) Dissolved organic nitrogen dominated stream nitrogen despite decreasing concentrations from uplands; 3) Phosphorus concentrations showed the inverse pattern, with higher levels in streams than uplands. 4) Stoichiometric ratios contrasted between uplands and streams
This document summarizes the key issues around allocating environmental water requirements for Lake Urmia in Iran using an ecohydrological approach. It discusses how declining water levels in the lake due to human and climatic factors have led to a national outcry. A multi-stakeholder process was established to allocate water among the three provinces sharing the lake basin. After 21 months of discussions, a water allocation decision was reached for the first time based on stakeholder involvement and transparency. However, technical uncertainties remained an issue during the process. Further analysis of ethical and cultural perspectives was recommended to better inform water allocation decisions.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
This preliminary jurisdictional determination evaluates the soil, vegetation, and hydrologic conditions around Nelson Reservoir on the Cal Poly campus to determine the jurisdictional boundaries for a proposed dock construction project. The report finds that the Army Corps of Engineers and Regional Water Quality Control Board have jurisdiction over the reservoir and adjacent wetlands as waters of the United States. The California Department of Fish and Wildlife also has jurisdiction as the reservoir provides habitat for fish and wildlife. The report describes the site conditions and provides the relevant regulatory background for the three agencies involved in the project.
Water Conservation and salmon issues for lower Fraser RiverEric832w
This document provides an overview of water issues in the lower Fraser River relevant to salmon conservation. It discusses threats to water such as pollution, diversion, climate change, and impacts from various economic sectors. It also covers ecosystem needs for fish including habitat and instream flows. The document analyzes water licensing and allocation issues and options to satisfy new water demands. It examines water law, governance, and opportunities for the Fraser Salmon and Watershed Program to engage in water policy.
This summarizes a key court case regarding the diversions of water from streams flowing into Mono Lake by Los Angeles. The case brought together California's system of water rights and the public trust doctrine. It determined that the state has authority over navigable waters as part of the public trust, and that water rights are not absolute but subject to reconsideration if diversions harm public trust interests like scenic beauty and ecology. The court said diversions from Mono Lake must be reconsidered to protect public trust values in the lake.
The document outlines the topics to be covered in a hydrology and water quality class, including reviewing CEQA checklist questions, the Federal Clean Water Act, California's Porter-Cologne Water Quality Control Act, regional water quality control boards, the 303d list of impaired waters, flood hazards, conducting impact analyses, analyzing groundwater and water supply assessments, and providing examples. The instructor provides guidance on assignments related to reviewing environmental documents and presenting on water quality projects.
The proposed new EPA wetlands rule aims to clarify regulatory authority over wetlands and other waters. It would make tributaries and adjacent wetlands "jurisdictional by rule" while other waters would require case-by-case evaluation. The rule proposes formal definitions of key terms and exempts certain lands like prior converted cropland and waste treatment systems. It is intended to provide more consistency and address uncertainties created by past Supreme Court cases. Stakeholders are encouraged to comment on the proposed rule by October 20, 2014. Case studies presented show how the new rule may impact projects near irrigation canals or isolated wetlands.
This document summarizes a study on the biogeochemistry of dissolved nitrogen, phosphorus, and organic carbon along terrestrial-aquatic flowpaths in a montane headwater catchment in the Peruvian Amazon. The study investigated spatial and temporal variations in nutrient concentrations from upland soils to streams under baseflow and stormflow conditions. Key findings include: 1) During baseflow, strong terrestrial controls maintained relatively constant nitrate levels in streams compared to more variable upland soils; 2) Dissolved organic nitrogen dominated stream nitrogen despite decreasing concentrations from uplands; 3) Phosphorus concentrations showed the inverse pattern, with higher levels in streams than uplands. 4) Stoichiometric ratios contrasted between uplands and streams
This document summarizes the key issues around allocating environmental water requirements for Lake Urmia in Iran using an ecohydrological approach. It discusses how declining water levels in the lake due to human and climatic factors have led to a national outcry. A multi-stakeholder process was established to allocate water among the three provinces sharing the lake basin. After 21 months of discussions, a water allocation decision was reached for the first time based on stakeholder involvement and transparency. However, technical uncertainties remained an issue during the process. Further analysis of ethical and cultural perspectives was recommended to better inform water allocation decisions.
IRJET- Hydrogeochemistry and Environmental Implication of Periyar River S...IRJET Journal
This document summarizes a study on the hydrogeochemistry and environmental implications of the Periyar River in southern Western Ghats, India after severe flooding in 2018. The study analyzed water and soil samples from different areas in the Periyar River basin to understand changes caused by the flood. Water samples were tested for various chemical parameters and compared to WHO and BIS standards. Soil samples were analyzed to determine Loss on Ignition (LOI) and composition through X-Ray Fluorescence (XRF). The results provide insight into the current water quality and soil composition/properties in the river basin following major flooding.
New efforts in planning for large scale ecosystem restoration in the Sacramen...Cory Copeland
The Delta Stewardship Council (Council) is responsible for promoting the coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Sacramento-San Joaquin Delta ecosystem that forms the upper portion of the San Francisco Bay-Delta estuary. The Council is responsible for writing an enforceable Delta Plan for the Sacramento-San Joaquin Delta and Suisun Marsh. After a multi-year development process that included extensive public engagement and scientific synthesis, the Council, in 2020, authorized initiation of the California Environmental Quality Act (CEQA) environmental review of its proposed amendment to the Delta Plan focused on ecosystem protection, restoration, and enhancement. The amendment consists of six new and revised ecosystem performance measures, an updated narrative which includes four new and revised policies and 14 recommendations, and seven technical and regulatory appendices. The amendment is novel in that it focuses on landscape-scale process-based restoration, acknowledges the many social benefits from ecosystem restoration, utilizes advanced technical climate change analyses informed by best available science, and employs more rigorous tracking of progress in meeting Delta Plan objectives. The amendment embraces a portfolio of approaches to adaptively manage ecosystems in highly altered and changing landscapes, and strives to reestablish ecological processes in natural communities at a sufficient scale (and with connectivity, complexity, and diversity) to be resilient to land conversion and climate change. This digital poster will describe the collaborative science-driven process the Council used in developing the amendment, the draft currently under environmental review, and lessons for resource managers in other systems facing the challenge of planning ecosystem recovery amidst ongoing anthropogenic stressors and a rapidly changing climate.
This document is a report from the Texas Comptroller of Public Accounts discussing water issues facing Texas. It notes that while the Earth has abundant water, only a small portion is fresh water available for human use. Texas is experiencing drought that is straining its water supplies as the population grows. The report examines different sources of Texas' water and funding for water projects. It discusses new technologies that could help maximize existing supplies and the potential for desalination to provide new sources of water. The report makes recommendations for the Texas Legislature to help ensure adequate water supplies for the state's continued growth.
Water Conservation In Citrus County Floridabrentmwhite
This document summarizes water management strategies in Citrus County, Florida. It discusses the water management district's responsibilities, water sources in the county including groundwater basins and surface waters, and key issues around increasing population growth and water usage. It then outlines the county's approaches to enhancing water conservation, including expanding conservation requirements, per capita water use calculations and tracking, promoting alternative water sources like reclaimed water, codes to promote Florida-friendly landscaping and rain sensors, and public education programs. The overall aim is to ensure adequate water supply for current and future needs while protecting natural systems and water quality.
Physical Forcing Mechanisms Controlling the Variability of Chlorophyll-a over...Da Silva Meyre
This research article analyzes physical forcing mechanisms controlling chlorophyll-a variability over the Royal-Charlotte and Abrolhos Banks in the Eastern Brazilian Shelf using 9 years of satellite data and ocean model outputs. The results show that chlorophyll-a concentrations are typically higher in the wet season (austral spring-summer) and lower in the dry season (autumn-winter), with the highest values in the northern Abrolhos Bank. During the wet season, conditions favor strong stratification due to upwelling-type winds, subsurface water upwelling at the shelf break, and positive heat fluxes. In contrast, reverse shear winds during the dry season mix the water column, cooling and deepening it to a maximum
This document investigates co-locating a desalination plant with the Joslin Steam Electric Station in Point Comfort, Texas to provide a drought-proof water supply for regions L and N. A reverse osmosis desalination plant is proposed that would treat 180 million gallons per day of seawater to produce 90 million gallons per day of drinking water and reject hypersaline water. Reject water and solids from pretreatment would be returned through the existing plant discharge. Environmental impacts were found to be minimal. The estimated cost of the desalinated water is $1.75 per 1000 gallons. Combining this supply with 100,000 acre-feet of existing surface water supply would provide 200,000 acre-feet
This document discusses pollution of California's coastline from various sources and its negative environmental effects. It identifies the main types of pollution as runoff from cities, trash from beach visitors, pollution from cargo ships, and air pollution. Runoff introduces bacteria that harms ecosystems and human health. Trash kills and sickens wildlife that ingest it. Cargo ship accidents cause major oil spills that damage habitats and coastlines. Air pollution produces smog that impacts both coastal and inland areas. Overall, the document examines how different types of pollution contaminate California's coast and degrade its coastal environments.
The River Nile delta shallow lakes namely, Edku, Burullus and Manzala are natural wetland ecosystems, connected to fresh water sources at the south and to the open sea at the north. Throughout their relatively short geological and hydrological history, the lakes received unpolluted fresh water from the river Nile.
I WORKSHOP INTERNACIONAL: PESQUISA CIENTÍFICA PARA POLÍTICAS PÚBLICAS DE
GESTÃO SUSTENTÁVEL DOS RECURSOS HÍDRICOS:
Os exemplos do Nebraska, USA e do Oeste da Bahia, Brasil
AUDITÓRIO ASSEMBLEIA LEGISLATIVA - SALVADOR, BAHIA
The Green Bay Saga: Research for Management of a Freshwater EstuaryPaul A. Wozniak
Review of 40 years of research on the ecosystem of Green Bay, Lake Michigan, USA; prepared primarily by HJ "Bud" Harris, emeritus professor of ecoystems analysis, Univ of Wisconsin-Green Bay, with help from Paul A. Wozniak, Fox River historian
Research Inventy : International Journal of Engineering and Scienceresearchinventy
Research Inventy : International Journal of Engineering and Science is published by the group of young academic and industrial researchers with 12 Issues per year. It is an online as well as print version open access journal that provides rapid publication (monthly) of articles in all areas of the subject such as: civil, mechanical, chemical, electronic and computer engineering as well as production and information technology. The Journal welcomes the submission of manuscripts that meet the general criteria of significance and scientific excellence. Papers will be published by rapid process within 20 days after acceptance and peer review process takes only 7 days. All articles published in Research Inventy will be peer-reviewed.
Climate Change Impacts on the Goals of the New York-New Jersey Harbor Estuary...Sabrina Ramkhelawan
This document summarizes a report submitted to the New York-New Jersey Harbor Estuary Program (HEP) that analyzes how climate change may impact the goals of HEP's 2011-2015 Action Plan. The report was produced by students at Barnard College. It first outlines HEP's five main goals: clean up pollution; improve habitat and ecology; increase public access; support an economically viable port; and increase public education. It then identifies four key climate stressors - increasing temperature, precipitation, sea level, and extreme weather. Much of the report analyzes how each goal may be vulnerable to these stressors, such as higher pollution from more extreme rainfall, changes in habitats from rising seas and temperatures, and threats to the
This study assessed the ecological health of High Bank Creek three years after dam removal by comparing it to nearby Cedar Creek. Macroinvertebrates and fish were surveyed to evaluate the stream health. Twenty-six fish species were found in High Bank Creek compared to nine in Cedar Creek. Several metrics showed improved conditions in High Bank Creek, such as higher fish biodiversity index and presence of species previously absent. However, some metrics like macroinvertebrate richness were lower, possibly due to ongoing disturbance. Overall the dam removal appeared successful in restoring the fish community, and further stabilization was expected to improve conditions over time.
This document provides a preliminary watershed assessment of the Potter Creek watershed in Bedford County, PA. It was completed by the Southern Alleghenies Conservancy for Trout Unlimited. The assessment characterizes the watershed and identifies concerns, including erosion/sedimentation, nutrient loading, lack of riparian buffers, habitat fragmentation, and impacts from development and farming. It recommends addressing these issues through best management practices, riparian plantings, and evaluating current land use. The report serves as a baseline for future comparisons to track impacts over time and guide watershed restoration efforts.
AFS Position Paper and Policy on Mining and Fossil Fuel ExtractionDr. Carol Ann Woody
This document is an American Fisheries Society position paper and policy on mining and fossil fuel extraction approved in 2015. It discusses the potential impacts of these industries on aquatic ecosystems, including water contamination, habitat alterations, and effects on fish and other aquatic organisms. These impacts can occur through mining activities like mountaintop removal, acid mine drainage, and tailings pond failures. Fossil fuel extraction and use also threaten water quality and contribute to climate change. The policy calls for more rigorous environmental assessments, public involvement, monitoring, and regulations to help ensure environmentally responsible development and protection of aquatic resources.
This study assessed the baseline water quality and ecology of 7 streams near Geneva Marsh in Crawford County, Pennsylvania before construction of a proposed tire burning plant. Land use in the watersheds was analyzed using GIS and remote sensing. Water quality parameters like phosphorous and macroinvertebrate communities were assessed. Results showed urban land use decreased phosphorous and agricultural land use decreased sensitive macroinvertebrate taxa. The 3 streams with the highest agricultural and urban land use (Towpath, Shafer Run, and Williams Run) were identified for further monitoring after plant construction.
Adapting to a Changing Climate: A Local Restoration Case StudySam Rosen
This document summarizes a stream restoration project along Mulhockaway Creek in Union Township, NJ that was undertaken to address flooding and water quality issues exacerbated by climate change. The project involved installing meanders and structures to slow water flow, raising the stream bed to reconnect it to its floodplain, stabilizing banks with vegetation, and replacing an undersized culvert with an arch culvert to improve water passage. The $500,000 project helped protect water supplies and was funded partly by an EPA grant. Stream restoration projects can boost resiliency to floods and storms while reducing pollution and treatment costs.
This document discusses a study that evaluated the impact of changing land use/land cover (LULC) on the hydrological processes in the Dal lake catchment in Kashmir Himalayas from 1992 to 2005. Satellite data and a hydrological model were used to analyze LULC changes over time, identify factors contributing to changes, and simulate the effects on runoff, erosion, and sedimentation. The results showed that decreased vegetation cover and increased impervious surfaces due to human activities led to greater runoff, erosion, and sediment discharge, disrupting the lake ecosystem.
Combined heat and power (CHP) is a technically viable source of energy that can significantly reduce carbon emissions. CHP works by capturing waste heat from power generation and using it for other purposes, like heating. This improves energy efficiency from around 13% to up to 87%. Widespread adoption of CHP technology in the US could cut energy demand by 23% and greenhouse gas emissions by 100 million metric tons per year. However, barriers like regulatory issues and high initial costs are slowing broader implementation of CHP. More research is needed to understand how to address these barriers and incentivize the energy sector to embrace this opportunity.
Community-Based Watershed Management and Wetland Mitigation
Southeast Alaska Watershed Coalition
alaskawatershedcoalition.org
Community Training
October 17, 2011
The freeze-thaw threshold of 0°C is crucial in polar regions. Large changes in physical, biological, and human systems occur when temperature crosses this threshold. Therefore, any climate change that shifts the freeze-thaw line, whether in space or time, will bring about important impacts
IRJET- Hydrogeochemistry and Environmental Implication of Periyar River S...IRJET Journal
This document summarizes a study on the hydrogeochemistry and environmental implications of the Periyar River in southern Western Ghats, India after severe flooding in 2018. The study analyzed water and soil samples from different areas in the Periyar River basin to understand changes caused by the flood. Water samples were tested for various chemical parameters and compared to WHO and BIS standards. Soil samples were analyzed to determine Loss on Ignition (LOI) and composition through X-Ray Fluorescence (XRF). The results provide insight into the current water quality and soil composition/properties in the river basin following major flooding.
New efforts in planning for large scale ecosystem restoration in the Sacramen...Cory Copeland
The Delta Stewardship Council (Council) is responsible for promoting the coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Sacramento-San Joaquin Delta ecosystem that forms the upper portion of the San Francisco Bay-Delta estuary. The Council is responsible for writing an enforceable Delta Plan for the Sacramento-San Joaquin Delta and Suisun Marsh. After a multi-year development process that included extensive public engagement and scientific synthesis, the Council, in 2020, authorized initiation of the California Environmental Quality Act (CEQA) environmental review of its proposed amendment to the Delta Plan focused on ecosystem protection, restoration, and enhancement. The amendment consists of six new and revised ecosystem performance measures, an updated narrative which includes four new and revised policies and 14 recommendations, and seven technical and regulatory appendices. The amendment is novel in that it focuses on landscape-scale process-based restoration, acknowledges the many social benefits from ecosystem restoration, utilizes advanced technical climate change analyses informed by best available science, and employs more rigorous tracking of progress in meeting Delta Plan objectives. The amendment embraces a portfolio of approaches to adaptively manage ecosystems in highly altered and changing landscapes, and strives to reestablish ecological processes in natural communities at a sufficient scale (and with connectivity, complexity, and diversity) to be resilient to land conversion and climate change. This digital poster will describe the collaborative science-driven process the Council used in developing the amendment, the draft currently under environmental review, and lessons for resource managers in other systems facing the challenge of planning ecosystem recovery amidst ongoing anthropogenic stressors and a rapidly changing climate.
This document is a report from the Texas Comptroller of Public Accounts discussing water issues facing Texas. It notes that while the Earth has abundant water, only a small portion is fresh water available for human use. Texas is experiencing drought that is straining its water supplies as the population grows. The report examines different sources of Texas' water and funding for water projects. It discusses new technologies that could help maximize existing supplies and the potential for desalination to provide new sources of water. The report makes recommendations for the Texas Legislature to help ensure adequate water supplies for the state's continued growth.
Water Conservation In Citrus County Floridabrentmwhite
This document summarizes water management strategies in Citrus County, Florida. It discusses the water management district's responsibilities, water sources in the county including groundwater basins and surface waters, and key issues around increasing population growth and water usage. It then outlines the county's approaches to enhancing water conservation, including expanding conservation requirements, per capita water use calculations and tracking, promoting alternative water sources like reclaimed water, codes to promote Florida-friendly landscaping and rain sensors, and public education programs. The overall aim is to ensure adequate water supply for current and future needs while protecting natural systems and water quality.
Physical Forcing Mechanisms Controlling the Variability of Chlorophyll-a over...Da Silva Meyre
This research article analyzes physical forcing mechanisms controlling chlorophyll-a variability over the Royal-Charlotte and Abrolhos Banks in the Eastern Brazilian Shelf using 9 years of satellite data and ocean model outputs. The results show that chlorophyll-a concentrations are typically higher in the wet season (austral spring-summer) and lower in the dry season (autumn-winter), with the highest values in the northern Abrolhos Bank. During the wet season, conditions favor strong stratification due to upwelling-type winds, subsurface water upwelling at the shelf break, and positive heat fluxes. In contrast, reverse shear winds during the dry season mix the water column, cooling and deepening it to a maximum
This document investigates co-locating a desalination plant with the Joslin Steam Electric Station in Point Comfort, Texas to provide a drought-proof water supply for regions L and N. A reverse osmosis desalination plant is proposed that would treat 180 million gallons per day of seawater to produce 90 million gallons per day of drinking water and reject hypersaline water. Reject water and solids from pretreatment would be returned through the existing plant discharge. Environmental impacts were found to be minimal. The estimated cost of the desalinated water is $1.75 per 1000 gallons. Combining this supply with 100,000 acre-feet of existing surface water supply would provide 200,000 acre-feet
This document discusses pollution of California's coastline from various sources and its negative environmental effects. It identifies the main types of pollution as runoff from cities, trash from beach visitors, pollution from cargo ships, and air pollution. Runoff introduces bacteria that harms ecosystems and human health. Trash kills and sickens wildlife that ingest it. Cargo ship accidents cause major oil spills that damage habitats and coastlines. Air pollution produces smog that impacts both coastal and inland areas. Overall, the document examines how different types of pollution contaminate California's coast and degrade its coastal environments.
The River Nile delta shallow lakes namely, Edku, Burullus and Manzala are natural wetland ecosystems, connected to fresh water sources at the south and to the open sea at the north. Throughout their relatively short geological and hydrological history, the lakes received unpolluted fresh water from the river Nile.
I WORKSHOP INTERNACIONAL: PESQUISA CIENTÍFICA PARA POLÍTICAS PÚBLICAS DE
GESTÃO SUSTENTÁVEL DOS RECURSOS HÍDRICOS:
Os exemplos do Nebraska, USA e do Oeste da Bahia, Brasil
AUDITÓRIO ASSEMBLEIA LEGISLATIVA - SALVADOR, BAHIA
The Green Bay Saga: Research for Management of a Freshwater EstuaryPaul A. Wozniak
Review of 40 years of research on the ecosystem of Green Bay, Lake Michigan, USA; prepared primarily by HJ "Bud" Harris, emeritus professor of ecoystems analysis, Univ of Wisconsin-Green Bay, with help from Paul A. Wozniak, Fox River historian
Research Inventy : International Journal of Engineering and Scienceresearchinventy
Research Inventy : International Journal of Engineering and Science is published by the group of young academic and industrial researchers with 12 Issues per year. It is an online as well as print version open access journal that provides rapid publication (monthly) of articles in all areas of the subject such as: civil, mechanical, chemical, electronic and computer engineering as well as production and information technology. The Journal welcomes the submission of manuscripts that meet the general criteria of significance and scientific excellence. Papers will be published by rapid process within 20 days after acceptance and peer review process takes only 7 days. All articles published in Research Inventy will be peer-reviewed.
Climate Change Impacts on the Goals of the New York-New Jersey Harbor Estuary...Sabrina Ramkhelawan
This document summarizes a report submitted to the New York-New Jersey Harbor Estuary Program (HEP) that analyzes how climate change may impact the goals of HEP's 2011-2015 Action Plan. The report was produced by students at Barnard College. It first outlines HEP's five main goals: clean up pollution; improve habitat and ecology; increase public access; support an economically viable port; and increase public education. It then identifies four key climate stressors - increasing temperature, precipitation, sea level, and extreme weather. Much of the report analyzes how each goal may be vulnerable to these stressors, such as higher pollution from more extreme rainfall, changes in habitats from rising seas and temperatures, and threats to the
This study assessed the ecological health of High Bank Creek three years after dam removal by comparing it to nearby Cedar Creek. Macroinvertebrates and fish were surveyed to evaluate the stream health. Twenty-six fish species were found in High Bank Creek compared to nine in Cedar Creek. Several metrics showed improved conditions in High Bank Creek, such as higher fish biodiversity index and presence of species previously absent. However, some metrics like macroinvertebrate richness were lower, possibly due to ongoing disturbance. Overall the dam removal appeared successful in restoring the fish community, and further stabilization was expected to improve conditions over time.
This document provides a preliminary watershed assessment of the Potter Creek watershed in Bedford County, PA. It was completed by the Southern Alleghenies Conservancy for Trout Unlimited. The assessment characterizes the watershed and identifies concerns, including erosion/sedimentation, nutrient loading, lack of riparian buffers, habitat fragmentation, and impacts from development and farming. It recommends addressing these issues through best management practices, riparian plantings, and evaluating current land use. The report serves as a baseline for future comparisons to track impacts over time and guide watershed restoration efforts.
AFS Position Paper and Policy on Mining and Fossil Fuel ExtractionDr. Carol Ann Woody
This document is an American Fisheries Society position paper and policy on mining and fossil fuel extraction approved in 2015. It discusses the potential impacts of these industries on aquatic ecosystems, including water contamination, habitat alterations, and effects on fish and other aquatic organisms. These impacts can occur through mining activities like mountaintop removal, acid mine drainage, and tailings pond failures. Fossil fuel extraction and use also threaten water quality and contribute to climate change. The policy calls for more rigorous environmental assessments, public involvement, monitoring, and regulations to help ensure environmentally responsible development and protection of aquatic resources.
This study assessed the baseline water quality and ecology of 7 streams near Geneva Marsh in Crawford County, Pennsylvania before construction of a proposed tire burning plant. Land use in the watersheds was analyzed using GIS and remote sensing. Water quality parameters like phosphorous and macroinvertebrate communities were assessed. Results showed urban land use decreased phosphorous and agricultural land use decreased sensitive macroinvertebrate taxa. The 3 streams with the highest agricultural and urban land use (Towpath, Shafer Run, and Williams Run) were identified for further monitoring after plant construction.
Adapting to a Changing Climate: A Local Restoration Case StudySam Rosen
This document summarizes a stream restoration project along Mulhockaway Creek in Union Township, NJ that was undertaken to address flooding and water quality issues exacerbated by climate change. The project involved installing meanders and structures to slow water flow, raising the stream bed to reconnect it to its floodplain, stabilizing banks with vegetation, and replacing an undersized culvert with an arch culvert to improve water passage. The $500,000 project helped protect water supplies and was funded partly by an EPA grant. Stream restoration projects can boost resiliency to floods and storms while reducing pollution and treatment costs.
This document discusses a study that evaluated the impact of changing land use/land cover (LULC) on the hydrological processes in the Dal lake catchment in Kashmir Himalayas from 1992 to 2005. Satellite data and a hydrological model were used to analyze LULC changes over time, identify factors contributing to changes, and simulate the effects on runoff, erosion, and sedimentation. The results showed that decreased vegetation cover and increased impervious surfaces due to human activities led to greater runoff, erosion, and sediment discharge, disrupting the lake ecosystem.
Combined heat and power (CHP) is a technically viable source of energy that can significantly reduce carbon emissions. CHP works by capturing waste heat from power generation and using it for other purposes, like heating. This improves energy efficiency from around 13% to up to 87%. Widespread adoption of CHP technology in the US could cut energy demand by 23% and greenhouse gas emissions by 100 million metric tons per year. However, barriers like regulatory issues and high initial costs are slowing broader implementation of CHP. More research is needed to understand how to address these barriers and incentivize the energy sector to embrace this opportunity.
Community-Based Watershed Management and Wetland Mitigation
Southeast Alaska Watershed Coalition
alaskawatershedcoalition.org
Community Training
October 17, 2011
The freeze-thaw threshold of 0°C is crucial in polar regions. Large changes in physical, biological, and human systems occur when temperature crosses this threshold. Therefore, any climate change that shifts the freeze-thaw line, whether in space or time, will bring about important impacts
The water cycle consists of evaporation, transpiration, condensation, precipitation, and runoff. Water is constantly being recycled as it changes between liquid, gas, and solid states in the atmosphere and environment. Most water is evaporated from oceans and transpired from plants, then condenses into clouds and falls as precipitation before running off and infiltrating the ground to storage areas or flowing into streams, rivers, and lakes. Proper management of this finite fresh water resource is necessary to meet human and environmental needs.
The water cycle describes the continuous movement of water on, above, and below the surface of the Earth. The sun warms water in oceans and lakes, causing it to evaporate into water vapor in the air. Water vapor condenses to form clouds, and air currents move clouds around the world. When clouds become too full, water falls as precipitation like rain or snow. Precipitation returns to oceans, lakes, and rivers, where the cycle repeats.
The document discusses how personalization and dynamic content are becoming increasingly important on websites. It notes that 52% of marketers see content personalization as critical and 75% of consumers like it when brands personalize their content. However, personalization can create issues for search engine optimization as dynamic URLs and content are more difficult for search engines to index than static pages. The document provides tips for SEOs to help address these personalization and SEO challenges, such as using static URLs when possible and submitting accurate sitemaps.
This document summarizes an editorial arguing that the Clean Water Act should protect all bodies of water, not just navigable ones. It discusses how two Supreme Court rulings weakened the law's protections. As a result, an estimated 10,000 bodies of water are no longer regulated, putting drinking water and ecosystems at risk. The document also examines arguments against expanded regulation and economic impacts on industries like farming and oil.
The document discusses the history of water policy in the Great Lakes region, leading up to the current Great Lakes Water Compact. It outlines several past intergovernmental agreements from 1909 onwards that attempted to regulate water usage and prevent pollution, most of which failed to achieve their goals due to lack of enforcement. It then examines issues around Chicago's large-scale diversion of water from Lake Michigan in the early 20th century, which caused economic and environmental problems. Finally, it discusses the 1972 Great Lakes Water Quality Agreement and subsequent policies that made progress toward better management and protection of the lakes, culminating in the 2008 Great Lakes Water Compact currently in place.
The document discusses the history and present status of the Clean Water Act. It began as the Federal Water Pollution Control Act in 1948 and was amended and expanded in 1972 following highly polluted incidents like the Cuyahoga River catching fire. The Act established the EPA, water quality standards, and the National Pollutant Discharge Elimination System. Recent Supreme Court cases have created uncertainty around the definition of "navigable waters," weakening the Act's protections. The future effectiveness of the Act depends on clarifying these definitions and addressing challenges like infrastructure funding and pollution.
Long-term climate trends and water management history in California.
Poster given at "Weathering Change: Impact of Climate Change and SGMA on CA Water" in Davis, CA (April 4-5).
The document provides an update on the ongoing "tri-state water wars" between Alabama, Florida, and Georgia over water resources in the Alabama-Coosa-Tallapoosa and Apalachicola-Chattahoochee-Flint River Basins. It discusses the history of litigation and compact negotiations between the states since 1990. Most recently, Florida filed a lawsuit against Georgia with the US Supreme Court in 2013 requesting limits on Georgia's water usage. The Supreme Court appointed a special master to oversee the case, and he has strongly urged the states to settle the dispute through negotiation rather than costly litigation. Settlement discussions between Florida and Georgia are ongoing under an order of confidentiality.
Arbuckle Simpson Tentative Determination Cpasa Town Hall 050312FunCountryRC_D
The document summarizes the tentative order from the Oklahoma Water Resources Board regarding the designation and allocation of water rights in the Arbuckle-Simpson Groundwater Basin. Key points include:
- The basin is designated as the Arbuckle-Simpson Groundwater Basin and declared a major and sensitive sole source groundwater basin.
- The tentative Maximum Annual Yield is determined to be 78,404 acre-feet with an Equal Proportionate Share of 0.20 acre-foot per acre per year.
- Existing temporary permits will remain for 5 years before being replaced with regular permits to allow time for implementation.
- A public hearing will be held to take input on criteria for implementation extensions, potential
A brief history and tour of the Colorado River with a focus on the Lower Basin and the Dams that affect the flow of the river. Includes videos and graphics.
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
The Central Arizona Project (CAP) was built to import 1.5 million acre-feet of water per year from the Colorado River to southern Arizona via 336 miles of aqueducts, tunnels, and pipelines at a cost of $3.6 billion. However, the Colorado River is overcommitted as the 1922 compact allotments were based on an overestimated average flow. With evaporation and guarantees to Mexico and California, there is a shortfall of over 2 million acre-feet for Arizona. This document discusses the history and laws around water rights and the challenges facing Arizona given the overallocation and uncertainties of the Colorado River supply.
The Colorado River is over 2,300 km long and drains parts of several western U.S. states and Mexico. It provides water for over 24 million people and extensive agriculture but faces challenges from climate change, overuse, and rising salinity levels. Water management efforts include dams for hydroelectricity and irrigation and a desalination plant, while agreements divide the river's water between the upper and lower basins. Recent strategies aim to share drought risks between the river's large reservoirs and encourage conservation.
The Great Lakes-St. Lawrence River Basin Water Resources Compact was signed into federal law with great fanfare in 2008. However, states must do more to realize the Compact’s potential to better manage Great Lakes waters in and outside of the basin through comprehensive water conservation and efficiency programs, improved data sharing and more comprehensive permitting.
Water H₂OECS 1116 September 2016Donald B. OlsonProb.docxcelenarouzie
Water: H₂O
ECS 111
6 September 2016
Donald B. Olson
Problems with Water:
Demise of the Marsh Arabs
What sets the scales for water as a commodity?
What sets the price of water?
How does water quality enter the picture?
Is there a need to protect the price of water for some specific uses?
Does the last question suggest that waters has different worth under free trade?
When does water lead to diplomatic problems including war?
National Geo. Apr. 2010
Water in our Ecosystems: Cont.
Adequate water: Domestic, industrial, agricultural uses, and the rest of nature
Sustainability of water supplies: Future use
Maintenance of water quality: Pollution from natural (salt), industrial/agriculture, domestic sources.
Trans-boundary issues: Sharing water between cities/rural districts, states, countries.
Natural Saline Waters
Colorado River
Sources of fresh water:
Ground water: Aquifers
- Volume (km³), removal rate (km³/sec)
– Issue recharge rates and depletion times
Rivers and streams: Runoff in channels
- Volume transport (km³/sec)
- Downstream water quality
Lakes: Still waters, natural and dam created
- Volume exchange: Residence times
- Water quality and pollution build up
Residence and depletion times:
Residence time:TR Equilibrium (Steady State)
Depletion rates:TD
Rate of resource decay
Problems to consider:
Calculate the residence times for the different water pools in the last lecture (see Tables).
Discuss the assumptions you have to make to turn these global numbers into something that might be useful for policy. (What do you have to assume?)
Choose a lake that you are interested in and work out its water balance.
Calculate a depletion time for an aquifer.
Water Stocks in the Environment
21
From: Chow, Maidment and Mays, Applied Hydrology, McGraw Hill, 1988
Water Fluxes in the Environment
Salinity ~ 35 gm salt/kg sea water; potable water < 19
22
More on freshwater availability
23
Global Water Balance (land)
Rainfall (119,000 km3/yr or 31 in) =
Evapotranspiration (72,000 km3/yr or 19 in) +
Runoff (44,700 km3/yr or 11.7 in) +
Infiltration (2,200 km3/yr or 0.3 in)
Conclusion: the world lives on a “water budget”
24
Stocks and Fluxes
Budgeting of an environmental stock takes place over a period of time (day, month, year, etc).
[Change in Stock] = [Flux In]
- [Flux Out]
+ [Stock created]
- [Stock withdrawn]
25
Rainfall Data
Annual Rainfall in the Continental US, 1895-2003
Source: NOAA (www.noaa.gov)
26
Evaporation
Found by “evaporation pans”
Actual Evaporation =
Pan Evaporation x 0.70
27
Transpiration
Vegetation uptake and release of water for metabolic (growth) purposes
Uptake takes place through the roots
Release takes place through the leaves (stomata)
Vegetation functions as a “pass-through” for water
28
Source: Laio et al., Advances
In Water Resources 24, p. 708,
.
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Disputes concerning the regulation and use of water in the Murray-Darling Basin have now reached a critical point where extended periods of extreme drought and climate change have forced threats of High Court litigation. Whilst a number of similar threats have been made since settlement, no court has ever made an authoritative judgment on such water disputes. As such, many important questions about the rights of States and their residents to take and use water remain unresolved. Professor Williams and Matthew Lee assess both the genesis and development of water law in Australia in order to provide an explanation of how we have arrived at this current water crisis.
The Watershed Protection & Flood Prevention ActMariah Harrod
The Watershed Protection and Flood Prevention Act was passed in 1954 to address flooding in the US. It arose from environmentalist efforts and a history of devastating floods in the early 20th century. The Act aims to conserve and manage water resources through projects that prevent flooding and erosion. It has been amended over time to further goals like resource conservation, water quality improvement, and fish and wildlife protection. Today the Act supports over 2,000 watershed programs across the US and has helped reduce flooding impacts and deaths. Future amendments may further promote ecological preservation alongside flood control.
California; Harvesting Rain: Addressing Water Needs of the Monterey Peninsu...D7Z
This capstone project examines the feasibility of harvesting rainwater from rooftops in the Monterey Peninsula Water Management District (MPWMD) service area to help address the area's water needs. The author analyzed GIS data to determine there is 1.84 square miles of rooftop area available for capture. Statistical analysis of 58 years of rainfall data showed average annual rainfall in the area is 15.9 inches, yielding between 1434 and 1700 acre-feet of harvestable rainwater. However, this does not meet the need to replace the 9626 acre-feet currently being overdrafted from the Carmel River aquifer. While rainwater harvesting alone cannot solve the problem, the author concludes it could provide
This document summarizes Utah's water conservation legislation over the past decade. It discusses how House Bill 418 in 1998 required water retailers and districts serving over 500 connections to submit water conservation plans addressing 10 guidelines, including water efficient appliances and fixtures, irrigation practices, leak repair, and water rate structures. It evaluates several municipalities' conservation plans, finding that larger cities like Salt Lake City had more detailed plans while smaller cities also included rate incentives and conservation measures. The legislation and conservation planning aimed to ensure sufficient water for Utah's growing population amidst increasing drought periods.
Special Protections And Areas Of Special Biological Significance Casqa Powerp...awaltner
The document discusses the ongoing controversy around regulating stormwater discharges to Areas of Special Biological Significance (ASBS) in California. It provides background on the designation of ASBSs in the 1970s, the history of prohibiting "waste" discharges to them, a 2003 inventory that found over 1,600 direct discharges, and recent efforts to issue exceptions allowing certain discharges if special conditions are met. Stakeholders disagree on how to balance protecting natural water quality in ASBSs with the technical and economic feasibility of completely prohibiting stormwater discharges.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Reviewing contracts swiftly and efficiently is crucial for any organization. It ensures compliance, reduces risks, and keeps business operations running smoothly.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
1. Keli R. McMillen
Article: Strawn, Lain. 2004. The last GASP: The conflict over management
of replacement water in the South Platte River basin. University of Colorado
Law Review, 75 U. Colo. L. Rev. 597-632.
Summary
In 1991, House Bill 91-1154 passed the Colorado Water Conservation
Act requiring all water providers with annual demands of 2,000 acre-feet or
more to have an approved Water Conservation Plan on file with the State
(Kathlene 2010). During the Colorado drought of 2000-2002, water supply
and appropriation in the lower South Platte River region of Colorado became
a critical statewide problem affecting many senior and junior rights users
profoundly. The state experienced the most severe single-year (2002)
drought on record, prompting Colorado lawmakers to consider forty-three
water bills and resolutions, many aimed at statewide drought relief
(Legislation Summary 2003, Appendix).
Not only were agricultural, municipal, industrial and recreational
activities affected by reduced streamflow during the drought, but problems
of silt accumulation, increased salinity, turbidity, and temperatures
threatened riparian and aquatic survival by creating a cascade of degrading
water quality effects (McMahon 1996). In Colorado, the water courts
oversee the adjudication of water rights, focusing on amount and quality of
water received under a right, while the Colorado Water Quality Control
2. Commission oversees strict issues of water quality. Each of these entities is
governed by two Colorado statutes that play an integral role in preserving
water quality: C.R.S. 37-92-305 and C.R.S. 37-80-120 (Sower-Hall 1997).
On the Federal level, water quality and potential degradation resulting
from over-use practices are governed by the Clean Water Act (CWA)
Sections 301 and 303, 33 U.S.C. S 1311(a) and 40 C.F.R. S 122.2. The
Wallop Amendment of 1977, in CWA section 101(g), urges cooperation
within state and local agencies to develop comprehensive solutions to
prevent, reduce, and eliminate pollution in concert with programs for
managing water resources. 33 U.S.C. § 1251(g)(1988)(sponsored by
Senator Wallop of Wyoming and Senator Hart of Colorado, 123 Congr. Rec.
39, 211, see Appendix B)(Pifher 1995; Strawn 2004; Sullivan 2007).
Colorado prides itself on being proactive in the arena of interagency
cooperative resource management.
Topics to be evaluated in the 2004 Strawn study are the primary and
secondary (senior and junior water rights) water allocation methods utilized
pre- and post-2002 Colorado drought, with particular emphasis placed on
problems associated with water augmentation and replacement practices.
Court decisions resulting from the Simpson v. Bijou (2003) case are
summarized to provide a historical backdrop for Colorado water law by
challenging the provisions of the Colorado Doctrine and the administrative
role of the Office of State Engineer (SEO) (Shimmin 2002). Analyzed from
3. the perspective of the Plaintiff (Bijou Irrigation Company), this study
evaluates the authority of the Defendant, State Engineer Hal Simpson, to
the extent that he overstepped the boundaries of his administrative duties in
a historical decision made by the Colorado Supreme Court (2003) regarding
the SEO’s issuance of supplemental water supply plans pursuant to C.R.S.
37-92-308. Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003).
The organizational format of this analysis is as follows: i) providing
background perspective on the Colorado Doctrine of Prior Appropriation and
supplemental and augmentation plans, providing case examples relevant to
decisions made in the Simpson v. Bijou Irrigation (Colo. 2003) case; ii)
summarizing and analyzing constituent rules, statutes, and legislation
specific to the Simpson case; iii) discussing environmental water quality
issues related to the drought and over-allocation problems in the lower
South Platte River Basin and making recommendations for water
conservation practices; and finally, iv) providing a position statement in
support of the Colorado Supreme Court’s decision in the Simpson v. Bijou
Irrigation (Colo. 2003) case.
Background
1. Prior Appropriation: Surface and tributary groundwater
allocation and the case of Fellhauer v. People (Colo.1968)
As a result of the 1923 South Platte River Compact (C.R.S. 37-65-
101), principal statutes of the water right adjudication process in the “Water
Rights Determination and Administration Act of 1969” (the “Water Rights
4. Act” C.R.S. §§37-92-101 through -602; Water Court Committee 2000), and
the Colorado Ground Water Management Act, §§ 37-90-101 through -143,
C.R.S. (the “Ground Water Act”), the State Engineer must protect existing
water rights against injury by curtailing out-of-priority diversions (junior
water rights and augmentation plans) of ground water that cause material
injury to vested senior water rights. C.R.S. § 37-92-502. Simpson v. Bijou,
69 P.3d 50, 67 (Colo. 2003).
The governing body for water allocation in Colorado is the Colorado
Division of Water Resources, Office of State Engineer, who has been
empowered to administer all water rights according to the Appropriation
Doctrine over the last century based principally on three parts: (1) first in
time first in right, (2) the right to divert, and (3) putting the water to
beneficial use. Coffin v. Left Hand Ditch Co., 6 Colo. 443 (1882); Irwin v.
Phillips, 5 Cal. 140 (1855) (Strawn 2004). Under this doctrine, a person
may obtain a senior usufructuary right to the water if he diverts water from
a stream and puts it to beneficial use before someone else. Colo. Const. art.
XVI 5 (1876).
Priority, however, is not the only criteria used to create a valid water
right. The right must also be adjudicated (decreed by a court) in order to be
legally used. The process of adjudication begins with filing an application
with the Water Court in the Water Division where the right is located specific
to the proposed use of that right (Colorado Water News 2010).
5. Surface and tributary groundwater are allocated to users based on
prior appropriation. The Colorado Ground Water Commission allocates
“designated ground water.” Surface and tributary groundwater feed each
other in a hydrological cycle in which groundwater occurs through
precipitation, or surface water that percolates downward, perpetuating the
water cycle (recharge) between the earth and the atmosphere through
evaporation, precipitation, infiltration and runoff. Rural areas rely on
approximately 95% of this groundwater for consumptive use while urban
residents rely on it for 50% of their needs (Dunford 2003; Purdue 2010).
Tributary groundwater is water that is hydraulically connected to a
surface stream or an alluvial aquifer, such that it can influence the rate or
direction of movement of the stream or aquifer. C.R.S. 37-92-103(11);
(Strawn 2004). Under Colorado Law, the use of all subsurface water
hydraulically connected to a surface stream, the pumping of which would
have a measurable effect on the surface stream within one hundred years is
subject to the doctrine of prior appropriation (Hobbs 2004). It is important
to understand that tributary aquifers and rivers are linked and wells pumping
from tributary aquifers take water from the river as if they are surface
diversions, depleting available supplies and potentially causing injury to
existing senior surface rights (Strawn 2004; Castle 1999). Prior to the 1969
Act, unregulated wells pumped freely at the user's discretion and many
farmers based their livelihood on this unrestricted well usage.
6. During the era of unregulated well use which lasted from the late
1940s until early 1960s, farmers living within Colorado's river basins drilled
wells to irrigate their crops. The wells took water from the flow of a river,
which, over time affected the tributary aquifer, ushering in the beginning of
the “well problem”. It wasn’t until establishment of the 1957 Colorado
Ground Water Law that permitting of ground water wells was required
(CDWR 2010; Strawn 2004). There are currently multiple Colorado statutes
regulating well usage and defining river call priorities (C.R.S. 37-92-301,
302, 305, 306, 501, 502).
One example of this problem is exemplified in the case of Fellhauer v.
People, 447 P.2d 986, 994 (Colo.1968), in which coalitions of senior surface
water users formed in the Arkansas River Basin to force the SEO to regulate
the wells that were diverting water out of priority. Legislation effective in
1966 permitted the SEO to shut down the wells harming senior rights.
However, Mr. Fellhauer, a farmer along the Arkansas River whose farm
depended upon pumping water from his wells, refused to allow curtailment
of his 39 wells. Litigation ensued to the level of the Colorado Supreme Court
between the rural coalition and Fellhauer where it was determined that wells
should be administered under the prior appropriation system (MacDonnell
1988; Strawn 2004).
Legislation was enacted in 1969 following the Fellhauer decision
establishing two provisions within the Colorado Water Rights Determination
7. and Administration Act that are relevant in the Simpson v. Bijou (2003)
case: conjunctive use and the doctrine of prior appropriation. The provisions
required the complete integration, or “conjunctive use,” of surface and
groundwater uses in all of Colorado's river basins by creating two
administrative mechanisms: augmentation plans and substitute water supply
plans (SWSPs) (MacDonnell 1988).
These plans were intended to integrate surface diversions and
tributary groundwater well depletions, thereby achieving "maximum" or
"optimum utilization" of Colorado's water resources in accordance with the
objectives of the 1969 Act. Fellhauer v. People, 447 P.2d 986, 994
(Colo.1968)(MacDonnell 1988). And though the 1969 Act defined an
augmentation plan as a “detailed program temporary or perpetual in
duration, to increase the supply of water available for beneficial use,” the
plan’s intended use was to maximize the beneficial use of water by allowing
out-of-priority uses that would otherwise be subject to curtailment by the
State and Division Engineers. Because they were designed to allow the out-
of-priority use of water, applications for approval of augmentation plans
began creating controversial and highly contested water court cases (Caile
2008).
2. The decreed appropriation case of Empire v. Moyer (2001)
signaling the beginning of the end for GASP
8. Decreed appropriators along a small tributary of the Arkansas River
succeeded in bringing their case before the court in Empire Lodge
Homeowner's Ass'n v. Moyer, 39 P.3d 1139 (Colo. 2001). The decisions in
this case signaled the beginning of the end for the South Platte River users
association, GASP, when in 2003 the Colorado Supreme Court determined
that the SEO had also exceeded its authority to approve SWSPs along the
lower South Platte. At trial, the SEO testified that in 1986 it notified Empire
that in order to be allowed to continue to divert water out of priority; it
needed to file for and receive a decreed augmentation plan from the water
court. Twelve years later, Empire still had not filed for an augmentation plan
with the water court, but it continued to appropriate water out of priority
with annual approval from the SEO under an SWSP.
In March 2000 the water court's decree dismissed Empire's claims
against the Moyers, issuing an injunction against Empire's out-of-priority
diversions. The court observed that the SEO's authority cannot substitute
for or inappropriately intrude upon the authority of the water courts to
adjudicate water rights. Furthermore, the court determined that because
the SEO interfered with the water court's ability to protect senior user's
vested water rights, the water court was justified in taking steps to return
control of the state's water resources to the courts by way of strictly
interpreting the doctrine of prior appropriation and narrowly interpreting the
power of the SEO. The water court found that the SEO had far exceeded its
9. authority by repeatedly approving Empire's SWSP without evidence that
Empire had filed for an augmentation plan. Thus, the water court found the
SWSP illegal (Strawn 2004; Caile 2008).
On appeal, the Colorado Supreme Court affirmed the water court's
ruling and held in pertinent part that (1) Empire's out-of-priority diversions
required a decreed augmentation plan that authorized such diversion; (2)
the water court did not abuse its discretion in enjoining Empire's out-of-
priority diversions pending approval of a permanent replacement plan from
the water court; and (3) Colorado Revised Statutes 37-80-120 and 37-92-
308 did not grant the SEO authority to approve SWSPs. The opinion of the
court caused a chain reaction calling attention to the SEO's activities in going
beyond its statutory authority and infringing upon the duties exclusive to the
water court: adjudicating water rights through material injury
determinations. The Empire decision culminated with the enactment of
House Bill 02-1414 in 2002.
Shortly thereafter, the drama shifted from the Moyers and Empire to
the decreed and undecreed appropriators along the entire lower South Platte
River.
3. Supplemental Water Management and C.R.S. 37-92-308
As surplus water supplies dwindled from the 2002 drought, existing
appropriators, in particular those with decreed augmentation plans operating
10. along the lower South Platte River, demanded that laws outlined in the 1969
Act governing the management of supplemental water supply plans (SWSPs)
and replacement water be more rigorously enforced by the Office of State
Engineer (SEO).
In the case of Simpson v. Bijou (2003) that ensued following decisions
made in the 2002 Empire v. Moyer case, municipalities, agricultural,
industrial, and state engineering administrative usage patterns came under
scrutiny resulting in curtailment of the SEO’s authority to approve SWSPs
repealing Colorado Revised Statutes 37-92-308(1)(c) and 37-80-120.
However, trouble had began percolating in the State Engineer’s Office prior
to this when the SEO filed "Amended Rules and Regulations Governing the
Diversion and Use of Tributary Ground Water in the South Platte River Basin,
Colorado" with the Weld County Court in Water Division I. On the positive
side, the proposed rules reorganized and partially repealed the extant rules
for the South Platte River Basin adopted in 1972. However, it was contested
that the State Engineer had exceeded his authority when he asserted two
independent bases for promulgating the water power rule set forth in C.R.S.
37-92-501(1)(2002), and the compact power rule set forth in C.R.S. 37-80-
104 (2002).
Colorado water law evolves over time according to supply and demand
largely due to the fact that water in Colorado is a public resource whose
11. management is constantly under scrutiny by a multitude of users. For
example, from the 1970s through the 1990s, there was a history of issuance
of a large numbr of “temporary substitute supply plans” (TSWSPs), some
involving hundreds of irrigation wells, being approved annually in South Platte
River basin by the State Engineer. These large TSWSPs included plans
approved for groups like Groundwater Appropriators of South Platte (GASP)
and Central Colorado Water Conservancy District (“Central”) (Simpson 2006;
Caile 2008). The difficulty with administrative leniency in issuing temporary
augmentation options is that it breeds a culture, perhaps spanning several
generations of farmers, who build their businesses reliant upon such
practices. Decisions in the case of Kuiper v. Atchison (Colo. 1978), in a
proceeding to determine the validity of a proposed amendment to rules
governing the use of ground water, contributed to what later became the
Water Power Rule C.R.S.37-92-501(1)(2002), stating that regulations of the
state engineer are presumed to be valid until shown differently, after which
time the state engineer is required to provide burden of proof by a
preponderance of the evidence. Kuiper v. Atchison, T. & S.F. Ry., 195 Colo.
557, 581 P.2d 293 (1978).
Water allocation problems that arose in Colorado the years following
the 2000-2002 drought were shown to be directly correlated to depletion of
the state’s water supply, resulting not only in tensions between decreed and
undecreed water appropriators in the lower South Platte River region, but
12. impacting hundreds of well users and owners of senior, surface water rights
owners operating on augmentation plans, many of them members of GASP
and Central, or residents and farmers in Boulder, Sterling and Highlands
Ranch whose rights had been severely compromised (Caile 2008).
In Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003), the
Colorado Supreme Court decided that the State Engineer, Hal Simpson, had
violated the water power rule by issuing substitute water supply plans
routinely without enforcing the “temporary issue” nature of their intent.
Decreed users claimed that the administering body, the SEO, had exceeded
its authority by approving substitute water supply plans (SWSPs) year after
year for over three decades without review causing what many believed to be
illegal pumping from tributary groundwater wells (Strawn 2004, Section 603).
On the other side of the argument, the State Engineer and the
Groundwater Appropriators of the South Platte River Basin, Inc. (“GASP”),
claimed that specific statutory directives conferred upon the State Engineer
the authority to make rules approving temporary “replacement plans” as
provided for in the 2002 proposed rules. Simpson v. Bijou Irrigation Co.,No.
02SA377(Colo. 2002).
During the drought, however, tensions escalated between senior
decreed users and junior water rights users (many operating with
supplemental water supply plans with no intention of filing an application for
decreed augmentation) when river calls made by senior users that had
13. traditionally lasted strictly, during the height of the irrigating season from
July to August, began in June 2003 and remained on through the remainder
of the year, thus depriving junior users of valuable irrigation resources. The
senior river calls in 2004 were identically devastating to all who depended
on water from South Platte River (Simpson 2006).
Similar to the process of decreed appropriation, to satisfy a Plan for
Augmentation, individual contractees are required to obtain a Court-decreed
Plan for Augmentation in order to fulfill their water needs. Alternatively, the
District periodically files a "group" Plan for Augmentation on behalf of certain
qualifying Area contractees such as GASP, Central or WAS. The engineering
and legal fees associated with obtaining a group Augmentation Plan are
shared among those included in the Plan, resulting in a significant savings to
the contractee as compared to an independent filing (Basalt Water
Conservancy District 2006).
Within the Colorado Revised Statutes, administration of substitute
water supply plans (SWSPs) falls under C.R.S. 37-92-308. The general
assembly originally intended that approval for all out-of-priority uses of water
involving replacement water be the sole province of the water courts, with
the exception of the limited circumstances provided for in subsections (3),
(4), (5), and (7) of this statute, and in §§ 37-80-120 (5) and 37-90-137
(11)(b). Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003)(see
Appendix D for Simpson case and historical chronology).
14. Limitations in this statute also applied to rules adopted by the state
engineer pursuant to the compact rule power granted by § 37-80-104, as
well as to those adopted pursuant to the water rule power granted by § 37-
92-501. Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003). The C.R.S.
37-92-308 restrictions in the Simpson decision become even more confusing
with regard to issuance of replacement plans and SWSPs under the newly
revised special conditions outlined in sections 3, 4, 5 and 7 of the statute
(see Appendix F for Colorado Revised Statutes 37-92-308-3,4,5,7).
4. Statutory Authority of Office of State Engineer: Simpson v. Bijou
Irrigation Co (2003)
In the Simpson v. Bijou case, the court held that the State Engineer
had actedwithout statutory authority to promulgate the proposed rules as
written, both pursuant to his “water power rule” under section 37-92-501, 10
C.R.S. (2002), and his “compact power rule” under section 37-80-104, 10
C.R.S. (2002). The proposed rules which allowed the State Engineer, without
an augmentation plan application pending in water court, to authorize out-of-
priority groundwater depletions requiring “replacement plans,” were
considered in excess of his statutory authority and contrary to law. GASP
and the SEO maintained that the 2003 holding in Empire v. Moyer, and the
repeal of 308(1) (c) did not eliminate the authority of the SEO to approve
SSPs. Instead, the proposed rules in sections 308(3,4,5 and 7) authorized
the SEO to continue to approve SWSPs for pre-1972 wells (all of GASP's
15. member wells) in the South Platte River Basin. The Supreme Court affirmed
the water court's determination that the SEO's authority to approve SWSPs
was strictly restricted to the four narrowly defined situations set forth in the
provisions of 308 Sections 3, 4, 5 and 7 (Strawn 2004).
After the courts' rulings, the SEO and GASP looked to the state
legislature to overturn the limitations on the SEO's authority. Unfortunately
for GASP, the legislative response was in agreement with the judiciary
decision enacting legislation reducing the SEO's authority to grant SWSPs in
the South Platte River Basin.
In fact, on the same day the Colorado Supreme Court decided the
Simpson case in 2003, upholding the water court's limitation of the SEO's
authority to approve SWSPs; the governor signed Senate Bill 03-73. This law
severely limited the SEO's authority to administer replacement water in the
South Platte River Basin (Strawn 2004; Caile 2008). The statute also
mandated that after December 2005, the GASP wells would be completely
curtailed unless the well users supplied proof that they were awaiting
adjudication of an application for an augmentation plan. Unfortunately, the
new requirements for receiving approval for an SWSP under Senate Bill 03-
73 proved so stringent for the applicant and difficult for the SEO that many
farmers, including GASP members, could not meet the heightened criteria
and were not granted SWSPs for the 2003 irrigation season.
A further blow to GASP occurred when its 2003 SWSP was not renewed
16. due to failure to acquire enough replacement water. In an attempt to
mitigate the limitations of Senate Bill 03-73 imposed on well users operating
under SWSPs, the legislature modified the definition of what constitutes a
source of replacement water for augmentation plans under Colorado
Revised Statute 37-92-305. Under the statute, a plan for augmentation
provided for additional or alternative sources of replacement water, including
water leased on a yearly or less frequent basis, to be used in the plan after
the initial decree is entered if the use of said additional or alternative sources
is part of a SWSP approved pursuant to 37-92-308 or if such sources are
decreed for such use (Strawn 2004; Caile 2008). Senate Bill 09-147 also
passed to assuage the deteriorating conditions for users of the lower South
Platte River.
Analysis Part I: Conflict in the South Platte River Basin: GASP,
decreed augmentation and surface water supply problems
As mentioned previously, in 2002, the SEO set forth proposed rules
and regulations (amending the 1972 Rules in the Proposed Amended Rules
and Regulations) in part pertaining to replacement water within the South
Platte River Basin. These rules were immediately challenged in court by
decreed appropriators and found to be void in their entirety (Strawn 2004,
largely based on the State Engineer's self-proclaimed authority to unilaterally
approve "replacement plans" (such as SWSPs/TSSPs) for out-of-priority
groundwater depletions for owners of pre-1972 wells.
17. As outlined in the proposed water power rules C.R.S.37-92-
501(1)(2002) and C.R.S.37-92-308, "replacement plans" are considered a
means by which undecreed, pre-1972 well users can avoid curtailment by the
State Engineer by making up the water shortfall to senior appropriators
replacing the injurious depletions of water they divert from their wells with
water from other legally available sources such as reservoirs, storm water
and winter supplies. Kuiper v. Gould, 583 P.2d 910 (Colo. 1978). Simpson v.
Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003).
The terms of the rules made it clear that such "replacement plans"
were considered temporary in nature, subject to an annual review by the
State Engineer, and are not subject to Colorado's statutory adjudication
procedure, however it was determined that the rule was ambiguous as to
when this must occur, giving the State Engineer too much leeway in
granting annual approval indefinitely (Appeal from the District Court, Water
Division No. 1 Case No. 02CW108 May 27, 2003).
While the effects of unregulated well pumping and tensions between
those with decreed augmentation plans, those operating under SWSPs, and
the SEO first appeared in the Arkansas River Basin (Fellhauer v. People, 447
P.2d 986, 994 (Colo.1968); Empire Lodge Homeowner's Ass'n v. Moyer, 39
P.3d 1139 (Colo. 2001), the problems became equally applicable to those in
the lower South Platte River region.
Analysis, Part II: Arkansas Court Rulings and a new era for
18. supplemental planning in the Lower South Platte River Basin
In the Arkansas Revised Rulings of 1974, the purpose of Augmentation
Plans was to make new sources of water available in time, place and amount
so that a new junior use could divert without causing injury to senior water
rights. This provided for adjudication of Wells if filed before July 1, 1972,
with priority relating back to the appropriation date, or if filed after July 1,
1972, priority junior to all rights filed in prior years (Wittie 2010).
The Arkansas River rules provided, in part, that the State Engineer
could curtail injurious out-of-priority groundwater depletions unless the water
was replaced by (1) a decreed augmentation plan, (2) a substitute supply
plan approved by the State Engineer pursuant to section 37-80-120, or (3)
"a plan approved by the state and division engineers in accordance with
these Rules." Rule 6 granted the State Engineer authority to "determine the
adequacy of each source of water proposed for use as augmentation water."
Rule 7 provided that the State Engineer "could approve a plan to divert
tributary ground water to provide sufficient augmentation water in amount,
time, and location," and that the plan must be reviewed annually by the
State Engineer to ensure that it did not cause injury to seniors (summarized
in Simpson v. Bijou 2003).
The Arkansas River conflict emerged in the South Platte River Basin for
four reasons: (1) the South Platte River is over-appropriated; (2) irrigators,
19. operating under SWSPs, share the South Platte with the state's largest
municipalities, many of whom operate under decreed augmentation plans;
(3) all water users had suffered the damaging effects of three consecutive
years of severe drought; and, (4) the drought highlighted long-standing
differences between those with decreed augmentation plans, those operating
under SWSPs, and the SEO, over how best to manage replacement water
(Strawn 2004). Those Lower South Platte River GASP members with decreed
augmentation plans suffered inequities stemming from the fact that many
GASP members had been operating under temporarily assigned SWSPs for
over three decades.
Analysis, Part III: The impact of HB 03-73 and HB 02-1414 on
Supplemental Water Supply, Augmentation and Replacement Plans
(Burden of Proof)
SWSP status: After the Colorado Supreme Courts' rulings in Empire v.
Moyer and Simpson v. Bijou, limitations were placed on the SEO’s authority
to grant supplemental water supply plans (SWSPs) in the South Platte River
Basin based largely on the fact that the lower South Platte River decreed
users simply could no longer accommodate those with junior rights operating
under augmentation plans, including (SWSPs) previously issued (Strawn
2004). On the same day the Colorado Supreme Court decided the Simpson
case in 2003, upholding the water court's limitation of the SEO's authority to
approve SWSPs under C.R.S. 37-92-308, the governor signed Senate Bill 03-
73 which further limited the SEO's authority to administer replacement water
20. in the South Platte River Basin (Strawn 2004; Caile 2008).
HB 03-73 also required that after December 2005, the GASP wells
would be completely curtailed unless the well users supplied proof that they
were awaiting adjudication of an application for an augmentation plan.
It is important to understand that Substitute Water Supply Plans are
considered only a "temporary" legal water supply as previously administered
by the State Engineer. One condition of the SWSP is that all contractees
must ultimately be covered by a Plan for Augmentation decreed in Water
Court in accordance with Colorado law. In addition, contracts that do not
qualify for temporary operation under the SWSP must obtain a Water Court
decree for a Plan for Augmentation before they can be augmented under the
District's program (SEO 2010; Caile 2008).
Unfortunately, the new requirements for receiving approval for an
SWSP under Senate Bill 03-73 proved so stringent for the applicant and
difficult for the SEO that many farmers, including GASP members, could not
meet the heightened criteria and were not granted SWSPs for the 2003
irrigation season. A further blow to GASP occurred when its 2003 SWSP was
not renewed due to failure to acquire enough replacement water.
The post-drought changes and legislation created chaos for the lower
South Platte River agriculturally based organizations and the Office of the
State Engineer. Fortunately for some, HB 02-1414 enacted in 2002, allowed
21. the State Engineer to approve substitute water supply plans (SWSPs) for
limited amounts of time under limited circumstances, most notably while an
application for approval of a change of water right or plan for augmentation
is pending in the water court, or approval of SWSPs for pre-1972 wells (all of
GASP's member wells) in the South Platte River Basin was required.
In spite of the modification of Senate Bill 03-73, the enactment of HB
02-1414, and modifications to Colorado Revised Statutes 37-92-305 dn 37-
92-308, the process stranded several hundred GASP members with no water
for the duration of the 2003 irrigation season. Consequently, most left GASP
and joined other well user organizations, such as the Well Augmentation
Subdistrict of the Central Colorado Water Conservation District, who were
organized in a manner that enabled filing for approval of a collective
augmentation plan and/or filing for individual approval of augmentation plans
with the Division One Water Court easier in order to keep operating under
SWSPs pursuant to the requirements of Senate Bill 03-73.
Augmentation Plan defined. An augmentation plan is the functional
equivalent of a substitute water supply plan, or "replacement plan," except
that it has been sanctioned by court decree rendering out-of-priority
diversions no longer susceptible to curtailment by the state engineer
pursuant to §§ 37-92-501 (1) and 37-92-502 (2)(a), so long as the
replacement water can be supplied to avert injury to senior rights. Simpson
22. v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003). Additionally, it is now a
requirement that augmentation plans document proof of replacement water
supplies.
The burden of proof for augmentation “practices” ranges from the use
of retiming of depletions using augmentation wells and recharge projects,
replacement supplies of limited duration or uncertain amount and use of
undecreed replacement supplies, to the use of “projection tools” used to
quantify and regulate allowable pumping (Caile 2008). This process increases
the burden on State water officials charged with administration of C.R.S.37-
92-308(3-7), and on well users scrambling to fulfill water replacement
obligations. Well Augmentation Subdistrict of the Central Colorado Water
Conservancy District v. City of Aurora, Case Nos. 03CW9 & 03CW177 (2009).
In a vigorous attempt to exercise accountability and flexibility and
make the most of scarce replacement water supplies, applicants seeking
approval of augmentation plans are increasingly turning to complex water
management and accounting practices to make the plans work and to meet
the burden of proof in water court litigation. Ironically, some of the major
augmentation plans that were litigated during that time are currently used to
provide sources of replacement water for the wells that had previously been
shut down (Mullarkey 2005) (WAS v. City of Aurora 2009).
23. Analysis, Part IV: Enactment of SB 09-147 to off-set South Platte
loss
Though the 1969 Act integrated wells into the priority system through
plans for augmentation, it prohibited them from placing a call for water that
might curtail diversions by other water rights. Rather than placing a call, the
1969 Act requires that well pumping be curtailed if injurious depletions are
not replaced. As stated in the SEO administrative guidelines: augmentation
and substitute water supply plans (SWSPs) had historically been a way for
junior appropriators to obtain water supplies through terms and conditions
approved by a water court that protect senior water rights from the
depletions caused by the new diversions. Typically this involved storing
junior water when in priority as a replacement supply, releasing it when a
senior river call came on. Replacement water was purchased in the form of
stored waters from federal entities or others or by purchasing senior
irrigation water rights and changing the use of those rights to off-set the
new users’ injury to the stream (SEO 2010).
The replacement water supplied to downstream users by GASP each
year had traditionally been supplied in different forms and from a variety of
sources such as wells, reservoirs, winter surplus, and precipitation. While
GASP owned some permanent water supplies, the vast majority of its
replacement water had been leased on an annual basis from reservoirs in
the winter to use as replacement supplies in exchange for the water its
members' wells pumped during the summer irrigation season.
24. Retiming wells also supplied a good portion of GASP's replacement
water by diverting water for recharge, augmentation or replacement to a
stream, ditch, canal, or reservoir then later releasing it for the senior calls.
S. 03-073, 64th Colo. Gen. Assem., 1st Reg. Sess. (Colo. 2003). The
retiming wells theoretically balanced out depletions caused by other wells
impacting the river, acting as replacement plans by preventing noticeable
depletion to the stream causing harm to downstream users.
In addition to timing wells, Senate Bill 09-147 was enacted to further
assist the South Platte users by giving them the opportunity to utilize
existing excess South Platte supplies without injuring senior water rights or
requiring additional transmountain diversions. SB 09-147 only applied to
obligations created by pre-2003 well pumping, with the maximum potential
use of SB 09-147 water limited to less than 18,000 acre feet of post-
pumping depletion augmentation with amounts decreasing annually reaching
near zero after nine years (CCWCD 2010).
Under SB 09-147, quota allotments for well owners could only be
allowed to increase if a user could prove that firm water sources would be
available to meet any future depletion to the river caused by their increased
pumping. Colorado Big Thompson (C-BT) water that had already been
transmountain diverted and delivered to the C-BT shareholder was used
temporarily under SWSP plans to help maintain historic return flows in the
25. South Platte, provided the shareholder agreed to put his water share on the
rental market.
The effect SB 09-147 had on members of the Well Augmentation
Subdistrict of Central (many of them formerly GASP members) was
significant in that it reduced drought depletions from 2300 AF in 2009 to a
proposed 50 AF by the repeal date of July 1, 2018. Well Augmentation
Subdistrict of the Central Colorado Water Conservancy District v. City of
Aurora, Case Nos. 03CW99 & 03CW177 (2009). Groundwater Appropriators
of the S. Platte River Basin v. City of Boulder, 73 P.3d 22, 26-77 (Colo.
2003).
Although a monumental setback to the agricultural community
dependent on supplemental water supply allocations issued in the lower
South Platte River region, the historical Simpson case succeeded in bringing
all the replacement plans operating without a court-approved augmentation
plan under enforcement within the prior appropriation system.
Similarly, as a result of decisions made in the 2003 Colorado Supreme
Court case of Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003),
conjunctive use provisions within the Water Right Determination and
Administration Act of 1969 (the “Water Rights Act”) were revitalized in the
arena of Colorado water resource management to include sustaining
ecological needs and aesthetic and recreational values whose primary
26. purpose was to capture surplus stream flows and store them underground in
aquifers to be used during periods of inadequate stream flow for
consumptive use and supplement stream flows (Hillhouse 1974; Schlager
1999).
Enforcement of conjunctive use provisions in the 1969 Act were put to
the test and modernized to include new concepts from the Simpson case
such as: the retiming of depletions using augmentation wells and recharge;
utilization of temporary or undecreed replacement water sources; and use of
projections as a term and condition to quantify and regulate allowable
pumping (Caile 2008) for sustainable optimum and region-wide equity of use
(Babcock 2009; Johnson 2008). Simpson v. Cotton Creek Circle, LLC case
###)
Environmental Consequences and Conjunctive Use
Evapotranspiration. In the words of Thomas Conrad (2008), “the
effects of Climate Change on water availability are much less predictable
than the effects on temperature, and these effects are not limited to just
changes in rainfall patterns, changes in evaporation, and changes in
snowmelt. According to Ken Knox, water resources engineer at URS Corp,
and former Colorado Chief Deputy State Engineer, “the largest driver of
decreased water availability in Colorado (and the rest of the arid West) is not
changes in precipitation, snowmelt, or evaporation, but a longer growing
season due to warming.” With longer growing seasons posing one of many
27. arid land management risks, Knox warns that “farmers, many of whom hold
very senior water rights, take advantage of a longer growing season by
planting more crops. They then irrigate for an extended season, using more
of the finite water supply for longer periods.”
Knox elaborates further on water inefficiencies that occur during
evapotranspiration phases in crop management: “Iit is a common practice to
calculate consumptive use of water by crops from the evapotranspiration
process, then providing an alternative for some in the agricultural
community to change a water right from irrigation practices to reliance on
municipal water supplies using the evapotranspiration factor as a bargaining
chip. Knox warns that “in theory, changing the water right and usage does
not conserve water because the same unit used to grow a crop is now
used/consumed for another purpose (Conrad 2008; Knox conversation 2010,
see Appendix for evapotranspiration credit).”
Conjunctive Use Management
Many believed the solution to the well problem was the optimum
utilization of the state's water resources through conjunctive use. In this
manner, surface water and tributary groundwater were treated equally,
resulting in an increase and/or acknowledgement of all the water available in
the system. Proponents of conjunctive use believed this enactment would
prevent injury to existing surface users because the prior appropriation
legislation required all tributary groundwater wells be brought within the
28. system for regulatory purposes to be evaluated relative to existing senior
surface rights. The provisions required the complete integration, or
“conjunctive use,” of surface and groundwater uses in all of Colorado's river
basins by creating two administrative mechanisms: augmentation plans and
substitute water supply plans (SWSPs) (MacDonnell 1988).
Conjunctive use is considered beneficial in that it increases the amount
of water within the system while allowing appropriators to use wells instead
of and in conjunction with surface diversions (MacDonnell 1988). In
response to the conjunctive use doctrine, widespread implementation of well
water pumping was established providing a more efficient, less wasteful
means of appropriating water based on the premise that when water is
pumped through a well, only the amount to be diverted is removed from the
aquifer, compared to evapotranspiration losses suffered when transported
via surface stream flow (MacDonnell 1988; Strawn 2004).
Conjunctive use not only satisfies the aesthetic predisposition of an
urban community, but is agriculturally beneficial in that it increases the
amount of water within the system while allowing appropriators to use wells
instead of and in conjunction with surface diversions. Wells also provide a
number of advantages to the irrigator minimizing waste and exposure to
evapotranspiration. This is best described by William Hillhouse (1974):
“While the cost of pumping may exceed the costs of delivering surface water
29. to the farm, the water is available at the flip of a switch. The curse of the
unreliable supply is largely eliminated: the water is there when the farmer
needs it not when the ditch is able to divert under what may be a marginal
surface priority. Transportation losses are minimized because the water is
diverted at or near the point of application and wells are compatible with
efficient sprinkler systems.”
Supply and Water Demand Management
Population projections for the Western Slope Colorado River Basin
from 2000 to 2030 are estimated to increase by 99%; while increases of
65% are estimated along the South Platte River Basin (DeNitale-SWRI
2005). In the 2010 report entitled, “Colorado Review: Water Management
and Land Use Planning Integration” (Kathlene 2010), the concept of water
demand management is recognized as a method to offset the current trend
exercised by the Federal government to reduce its role in building water
supply infrastructure, leaving the state and its localities with the challenge of
supplying sustainable water programs (Brooks 2006). The report suggests
using a combination of developing new water supplies, and reallocating
existing supplies closely integrated with multi-use demand management
objectives as outlined below (CWCB 2009; Kathlene 2010).
Water demand management is broadly applicable in that it integrates
technical, economic, administrative, financial and social methods that
address any one or more of the following five issues (Brooks 2006):
30. 1. Reduce the quantity or quality of water required to accomplish a
specific task.
2. Adjust the nature of the task or the way it is undertaken so that it
can be accomplished with less water or with lower quality water.
3. Reduce the loss in quantity or quality of water as it flows from
source through use to disposal.
4. Shift the timing of the use from peak to off-peak periods.
5. Increase the ability of the water system to continue to serve society
during times when water is in short supply.
Another strategy that may be useful in the supply-demand scheme is
implementation of growth moratoria to minimize the effects of urban sprawl.
This approach not only enhances property values, but increases community
responsibility and cohesiveness creating capacity building opportunities while
minimizing the expenditure of limited resources (Ragsdale 2002; Wolfe
2007).
Reducing Inefficiencies
It comes as no surprise that water availability and quality are closely
linked to water conservation and energy management programs, making
surviving in the semi-arid climate of Colorado, which is characterized by less
than 15 inches of annual rainfall, particularly challenging. Reducing
individual carbon footprints in the home reduces energy consumption and
hydroelectricity demands significantly (Nature Conservancy 2010). Energy
consumption in the home can be reduced by replacing old appliances with
more energy efficiently rated ones, weatherizing windows and doors,
insulating walls and ceilings, using solar or radiant heat, and in some cases,
31. retrofitting, or reconstructing a home’s building envelope from the inside out
(NAR's Green Resource Council 2010).
On the community scale, growth and urban management, water
metering, recycling, xeriscaping, evapotranspiration incentives, energy
credits and implementing stricter appropriation and permitting standards in
the agricultural, industrial and municipal sectors are critical to maintaining
water as a renewable resource (Kathlene 2010; Kassen 2003; Sower-Hall
1997). Another water conservation alternative worthy of investigation is the
generation of water during chemical catalysis processes used in the
production of alternative fuels and fuel cells (methanol, methane, and
reverse water-gas shift; McMillen 1998; McMillen 1999; Zubrin 1998).
Improving Environmental Quality in the South Platte River Basin
What happens when senior, upstream water appropriators have a duty
to provide return flows pursuant to an augmentation plan when either their
use alters the return flow quality, or they provide return flows by relying on
a replacement, or separate source whose quality differs from that of the
original supply? Fortunately, their activities are governed by the two
Colorado statutes governing the quality of water the senior appropriator may
expect in any substitution (Sower-Hall 1997). The first is C.R.S. 37-92-
305(5) mandating that substituted water be of a quality and quantity so as
to meet the requirements for which the water of the senior appropriator
normally uses, and that such substituted water shall be accepted by the
32. senior appropriator in substitution for water derived by the exercise of his
decreed rights. Similarly, C.R.S. 37-80-120 states that the “substituted
water should be of quality and quantity so as to meet requirements of use
normally put by the senior right.”
Alarmingly, stream flows statewide during the 2002 drought were the
lowest in over 100 years, with tree ring data suggesting flows were probably
the lowest in 300 to 500 years (Kassen 2003). As demonstrated in the case
of PUD No. 1 of Jefferson County v. Washington State Department of
Ecology 849 P.2d 646,650 (Wash. 1993), violations of the Clean Water Act
section 303(c) can occur under situations in which water quality degradation
occurs as a result of manipulated or compromised stream flows (Pifher
1996).
Though water quality should be recognized as a vested right under
the 1969 Act prevention of injury provision, the lower South Platte has
historically been subjected to a multitude of environmental stressors (see
Appendix B for detailed summary of environmental problems related to Sand
Creek Superfund, wastewater effluent, and pesticide contamination). The
Colorado Water Quality Control Commission is responsible for promulgating
Federal requirements set forth by the EPA in the Clean Water, Safe Drinking
Water, Toxic Substances Control, and Federal Insecticide, Fungicide, and
Rodenticide Acts by regulating the release of toxic substances, permitting
and registering pesticides, issuing NPDES permits for point source
33. discharges, and monitoring well water quality and public drinking water
insuring the availability not only of safe drinking water, but of downstream
protection for riparian and aquatic life along the entire length of the Platte
River from its Colorado and Wyoming origins to its convergence with the
Missouri and Mississippi Rivers (Bruce 1995; CDPHE 2010; Dennehy 1991;
Litke 1996; Kimbrough 1997; McMahon 1996; USGS 1995).
Statewide Conservation Programs and Statutes
“The best way to change a norm is through education (Hope Babcock 2009).”
Impressively, efforts aimed at satisfying Colorado’s Water for the 21st
Century Act initiatives, are prevailing amongst state and federal agencies,
professionals, private interest groups and stakeholders who are committed
to problem solving in a more integrated fashion than ever before. The
formation of the Colorado Interbasin Compact Committee (IBCC) has
resulted in the creation of nine statewide water policy roundtables,
exhaustive monitoring and evaluation of basin by basin needs assessments,
and ongoing research conducted as part of the Statewide Water Supply
Initiative (CWCB 2004). Several statewide programs and statutes dedicated
to water conservation and resource management include (Kathlene 2010):
C.R.S. 36-60-115. Precipitation harvesting pilot projects tested in
mixed-use developments collecting precipitation from rooftops and
impermeable surfaces for nonpotable uses.
Water Conservation in State Landscaping C.R.S. 37-96-101 to 103.
1989; amended 1991, 99.
Water Metering Act C.R.S. 37-97-101 to 37-97-103. 1990; 2004.
Homeowner Association Restrictions C.R.S. 37-60-126(11)(a)2003;
2005.
34. Water conservation plans C.R.S.37-60-124 and 37-60-126 1991-2004.
Created the Office of Water Conservation and Drought Planning under
the CWCB to promote water conservation and drought mitigation
planning.
EPA “Community-Based Environmental Protection (CBEP)” initiated by
the Environmental Protection Agency Office of Policy, Economics and
Innovation, demonstrated the value of invigorating cultural and
community cohesiveness toward an integrated purpose of
preservation. In the 1999 EPA pilot studies, the community-based
environmental protection program (CBEP) modeled and tested
common community attributes it deemed inherent to success of the
project. Some of these included: a focus on geographic area,
collaboration among a wide range of stakeholders, assessments that
cut across environmental media to support integrated decision making,
integration of environmental, economic, and social objectives,
integration of regulatory and non-regulatory tools and approaches, and
integration of adaptive management approaches driven by ongoing
monitoring and adaptation (EPA 1999).
The Smart Growth concept (Kathlene 2010; outlined in Appendix G),
beneficial because it encourages a municipality to better prioritize the
preservation of community character, protect open space, plan for
water and energy efficient development in parks, recreational facilities
and subdivision developments (Jackson 2005; Pifher 1995) by
minimizing unnecessary waste.
Conclusion and Position Recommendation
The study of Colorado water management spans many disciplines
ranging from federal, state, local law and Colorado Supreme Court decisions
to resource conservation planning and issues of multi-use equanimity. It is
a dynamic and complex process requiring constant vigilance and revision to
address ongoing problems associated with supply and demand. Water
demand management techniques introduced by the private sector should be
coordinated with efforts by the State Engineer’s Office and district water
courts to ensure optimum and sustainable water usage throughout the state.
35. From the perspective of the Plaintiff, Bijou Irrigation Company, in the
Colorado Supreme Court’s ruling in Simpson v. Bijou, I agree with the
Court’s decision remanding the authority of the State Engineer, Hal
Simpson, in administering and issuing supplemental and replacement water
supply plans without annual review or enforcement of the temporary nature
of their issuance as outlined in C.R.S. 37-92-308. I support this decision on
the grounds that redefining supplemental and replacement water policies,
their issuance and enforcement, provides for stricter adherence to the
process of requiring concurrent application to the district water courts for
decreed augmentation plans for those operating under the temporary
restrictions of SWSPs. The Simpson case resulted in enactment of Senate
Bills 03-73 and 09-147, influenced by House Bill 02-1414, with modifications
to C.R.S. 37-92-305 and C.R.S. 37-92-308 restricting the authority of the
SEO to further administer SWSPs except those based solely on provisions
stated in C.R.S. 37-92-308 sections 3, 4, 5 and 7.
I further encourage invigoration of the conjunctive use provisions in
the 1969 Water Rights and Determination Act promulgating culturally and
environmentally sound conjunctive, multi-use management practices
statewide, reiterating the gravity of misappropriating a precious resource in
a semi-arid environment burdened by the prospect of sustaining unlimited
growth.
36. References
Babcock, Hope. 2009. Assuming personal responsibility for improving the
environment: Moving toward a new environmental norm. 33 Harv.
Envtl. L. Rev. 117 2009.
Basalt Water Conservancy District. 2006. Augmentation plans.
http://www.bwcd.org/services.html
BLM. 1984. Water rights policy. United States Department of the Interior,
Bureau of Land Management, Manual Transmittal Sheet
7250 - Water Rights, 3/19/1984.
http://www.blm.gov/nstc/WaterLaws/appsystems.html
Brooks, David.B. 2006. An operational definition of water demand
management. Water Resources Development, 22 (4): 521-528.
Brooks, David.B, Lorra Thompson, Lamia El Fattal. 2007. Water Demand
Management In The Middle East And North Africa: Observations From
The IDRC Forums And Lessons For The Future. Water International,
32(2):193-204 (AN 28718769).
Bruce, B.W. 1995. Denver’s urban ground-water quality: Nutrients,
pesticides, and volatile organic compounds: U.S. Geological Survey
Fact Sheet FS-106-95.
Caile, William H. 2008. New administration issues in augmentation plans. In
Water Administration, Colorado Bar Association CLE, April 4, 2008.
www.westernwaterlaw.com/articles/NewAdminIssuesAugPlans.html
Central Colorado Water Conservation District. 2010. Effect of SB 09-147 on
the Well Augmentation Subdistrict members. http://www.ccwcd.org
Colorado Division of Water Resources. 2010. Water administration.
http://water.state.co.us/wateradmin/wateradmin.asp
Colorado Water News. 2010. Water right basics.
http://www.coloradowaternews.com/WaterRightBasics/waterrightbasic
s.html
Conrad, Thomas. 2008. Some thoughts on water, electricity and climate
change. August 2008 article for Alt Energy Stocks.
http://www.altenergystocks.com/archives/2008/08/some_thoughts_o
n_water_electricity_and_climate_change.html
Cyran, John J., Edward R. Kowalski, Linda J. Bassi. 2000. City of Central
Decision, victory for Colorado's instream flow program, Colorado's
Prior Appropriation System, and Colorado. 10 U. Denv. Water L. Rev.
259-286.
Dennehy, Kevin F. 1991. National Water-Quality Assessment Program—
South Platte River Basin: U.S. Geological Survey Open-File Report 91-
155.
Dunford, D.S. 2003. Effects of managed groundwater recharge on the
hydrology and water quality of the South Platte River Basin, Colorado
37. AES Project 2002-2003.
http://www.colostate.edu/Depts/AES/projs/732.htm.
EPA. 1999. Evaluation of CBEP, community place-based environmental
protection programs. Office of Policy Economics and Innovation
(1807T), Washington, DC. EPA publication 100-R-02-004.
http://www.epa.gov/CARE/library/evaluation.pdf
EPA. 2004. Final report: A comparative institutional analysis of conjunctive
management practices among three southwestern states, at
gov/ncer_abstractDetail/abstract/615/report/F (last visited Jan. 30,
2004); South Platte Well Regulation Timeline.
Hillhouse, William. 1974. Integrating Ground and Surface Water Use in an
Appropriation State, 20 Ann. Rocky Mtn. Min. L. Inst., 691, 696.
(Footnote in Alamosa v. Gould 1983).
Hobbs, Justice Gregory Jr. 1997. Colorado Water Law: An historical
overview, 1 Univ. Denv. Water Law Review, 1:24-25.
Hobbs, Gregory. 2004. Citizen’s Guide to Colorado Water Law, 2nd
Edition.
Colorado Foundation for Water Education, 1-33.
Hobbs, Justice Gregory Jr. 2004. Groundwater depletion and over-
exploitation in the Denver Basin Bedrock Aquifers.
Geological Society of America Abstracts with Programs, 36(5): 104.
Johnson, Peter. 2008. Third Act in Colorado Water Law: The Colorado
Supreme Court Affirms the Concept of Sustainable Optimum Use in
Simpson v. Cotton Creek Circle, LLC.12 U. Denv. Water L. Rev. 241-
277.
Kathlene, L., L. Jewlya, A. Greenwade, W. Sullivan, and Q. Lung. 2010.
Colorado Review: Water management and land use planning
integration. Center for Systems Integration. http://www.csi-policy.org
Kassen, Melinda. 2003. Symposium: Statutory expansion of state agencies’
authority to administer and develop water resources in response to
Colorado’s drought. 7 U. Denv. Water L. Rev. 47.
Knox, Ken. 2010. Conversation by email (5-26-10).
Litke, D.W. 1995. Nutrients in the South Platte River, 1993-95: U.S.
Geological Survey Fact Sheet FS-105-95.
Kimbrough, R.A. 1995. Are streams in agricultural and urban areas
contaminated by pesticides? U.S. Geological Survey Fact Sheet FS-
104-95.
MacDonnell, Lawrence J. 1986. Colorado's Law of "Underground Water": A
look at the South Platte Basin and beyond, 59 Univ. Colo. L. Rev. 579,
604.
MacDonnell, Lawrence J. 1988. Tributary groundwater development into the
prior appropriation system: The South Platte experience. Colorado
State University, CSU Completion Report No. 148.
http://www.cwi.colostate.edu/publications/cr/148.pdf
38. McMahon, P.B., Litke, D.W., Paschal, J.E., and Dennehy, K.F. 1994. Ground
water as a source of nutrients and atrazine to streams in the South
Platte River Basin: Water Resources Bulletin, 30(3): 521-530.
McMahon, P.B., Lull, K.J., Dennehy, K.F., and Collins, J.A. 1995. Quantity
and quality of groundwater discharge to the South Platte River, Denver
to Fort Lupton, Colorado, August 1992 through July 1993: U.S.
Geological Survey Water-Resources Investigations Rpt 95-4110, 71.
McMillen, Keli R., Thomas R. Meyer. 1998. The Case for a Mars Base ISRU
Refinery. In the Proceedings of the Founding Convention of the Mars
Society, San Diego, CA, Univelt Press volume 1, Part II: 699-707.
McMillen, Keli R., Thomas R. Meyer, and Benton C. Clark. 1999. Methanol as
a dual-use fuel for Earth and Mars. In The Case for Mars V., ed. P.J.
Boston, AAS Science and Technology Series, San Diego, CA, Univelt
Press, volume 97.
Mullarkey, Mary J. and Gerald Marroney. May 2005. Business in Colorado
water courts. Media Alert, Colorado Judicial Branch, Denver, CO.
http://www.courts.state.co.us
National Association of Realtors. 2010. NAR's Green Resource Council.
http://www.GreenREsourceCouncil.org
Nature Conservancy, The. 2010. Carbon footprint calculator.
http://www.nature.org/initiatives/climatechange/calculator/
Pifher, Mark T. 1995. Water, watersheds and the West: The impact of the
Jefferson County Decision. Environmental Lawyer, 2( 1): 1-36.
Purdue staff. 2010. Know your watershed: Ground water and surface water,
understanding the interaction.
http://www.ctic.purdue.edu/KYW/Brochures/GroundSurface.html
Ragsdale, John W. 2002. Alternative communities for the High Plains: An
exploratory essay on holistic responses to issues of environment,
economy, and society. Urban Lawyer, 34(1):73-79.
Schlager, Edella, Blomquist, William. 1999. A Comparative Institutional
Analysis of Conjunctive Management Practices Among Three
Southwestern States. EPA Grant Number: R824781.
Shimmin, Mike. 2002. Recent Developments Concerning State Engineer
Rulemaking Authority for the South Platte River Basin, 6 U. Denv.
Water L. Rev. 549-556
Simpson, Hal. 2006. History of the South Platte River. Colorado Department
of Natural Resources, Office of the State Engineer publications.
http://water.state.co.us/pubs/presentations/hsimpson_history_09060
6.pdf
Sower-Hall, Carmen, Holly I. Holder. 1997. Water Quality Issues in
Augmentation Plans and Exchanges 1 U. Denv. Water L. Rev. 96: 96-
108.
39. Strawn, Lain. 2004. The last GASP: The conflict over management of
replacement water in the South Platte River Basin. University of
Colorado Law Review, Inc. 75 U. Colo. L. Rev. 597-632.
Sullivan, T.F., C.L. Bell, M.L. Miller, et al. 2007. Environmental Handbook,
19th
Edition. Government Institutes, Scarecrow Press, NY. p. 299-332.
Water Court Committee, Colorado Supreme Court. 2000. Non-Attorney’s
Guidebook to Colorado water courts.
http://www.courts.state.co.us/userfiles/File/Self_Help/Non-
Attorneys_Guidebook_to_Colorado_Water_Courts_Final.pdf
Wittie, Steve. 2010. http://www.agro.com/WaterResources/SteveWittie.pdf
Wolfe, Sarah and David.B. Brooks. 2003. Water scarcity: An alternative view
and its implications for policy and capacity building. Natural Resources
Forum, 27(2):99-107v.
Wood, Tom J. 1984. Tunnel vision: An analysis of river call data in the
South Platte River basin. Blatchley Associates Publisher.
Zubrin, Robert, K.R. McMillen, T. R. Meyer. 1998. Mars in-situ resource
utilization research: MIRUR, the general analysis of the reverse water-
gas shift reaction and scaling relationships for Mars ISSP systems.
Report to NASA JSC, ACRP NCC9-45.
40. Court Opinions and Rulings (see Appendices for comprehensive list)
Colorado water courts Water resume archives Water District One:
http://www.courts.state.co.us/Courts/Water/Resume_Archive.cfm/Water_Di
vision_ID/1
Opinions:
http://www.courts.state.co.us/Courts/Supreme_Court/Case_Announcements
/Index.cfm
Cases
Alamosa-La Jara Water Users Prot. Ass'n v. Gould, 674 P.2d 914 (Colo.
1983).
http://water.state.co.us/wateradmin/SanLuisValley/AlamosaVsGould.PDF
City & County of Denver v. Fulton Irrigating Ditch Co., 506 P.2d 144 (Colo.
1972).
City & County of Denver By & Through Its Bd. of Water Comm'rs v.
Consolidated Ditches Co. of Dist. No. 2, 807 P.2d 23 (Colo. 1991).
City of Thornton v. Bijou, 926 P.2d 1 (1996).
City of Thornton v. City & County of Denver, 44 P.3d 1019 (Colo. 2002).
City of Aurora v. State Engineer, 105 P.3d 595, 612-14 (Colo. 2005).
Coffin v. Left Hand Ditch Co., 6 Colo. 443 (1882).
Fellhauer v. People, 447 P.2d 986 (Colo. 1968).
Fort Morgan Reservoir & Irrigation Co. v. Groundwater Appropriators of S.
Platte River Basin, Inc., 85 P.3d 536 (Colo. 2004).
Groundwater Appropriators of the S. Platte River Basin v. City of Boulder, 73
P.3d 22, 26-77 (Colo. 2003).
Irwin v. Phillips, 5 Cal. 140 (1855).
Kuiper v. Atchison, T. & S.F. Ry., 195 Colo. 557, 581 P.2d 293 (1978).
Water rule power
Kuiper v. Gould, 583 P.2d 910 (Colo. 1978). Water rule power
PUD No. 1 of Jefferson County v. Washington State Department of Ecology
41. 849 P.2d 646,650 (Wash. 1993).
North Sterling v. Simpson (2005). One-fill Rule: (FINAL decision of the Colo
Supreme Court- Ken Knox presiding as acting State Engineer Division 1).
The complaint as filed asserted four claims for relief: (1) unlawful imposition
of a storage season by the Engineers; (2) res judicata and collateral
estoppel; (3) unconstitutional taking of property; and (4) violation of Due
Process. There are several circumstances that may delay diversions by the
North Sterling for days or even months after the lowest gauge height is
recorded for storage in North Sterling Reservoir.
Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003).
Well Augmentation Subdistrict of the Central Colorado Water Conservancy
District v. City of Aurora, Case Nos. 03CW99 & 03CW177 (2009). Oral
argument: Whether the court erred in ruling that §37-92-305, C.R.S.
requires the Well Augmentation Subdistrict of the Central Colorado Water
Conservancy District (“WAS”) to replace depletions from well pumping that
occurred prior to WAS’ augmentation plan application.
Wilderness Soc'y v. Robertson, 824 F.Supp. 947 (D. Mont. 1993).