SB12-008, Well Depletions
SB12-008POSTPONEMENT OF THE REPEAL OF REQUIREMENTS TO REPLACE WELL DEPLETIONS TO THE DENVER BASIN AQUIFERS
Senator Brophy, Representative Sonnenberg
Staff Name: Laura Brown
What the Bill Does: SB12-008 postpones the repeal of the current law found under the Colorado Revised Statute 37-90-137 paragraph (9)(c.5)(II) from July 1, 2012 to July 1, 2015. The current law automatically repeals (9)(c.5) on July 1, 2012, at which time paragraph (9)(c) automatically comes into effect.
Colorado Context: The reason for the postponement is that (9)(c)1 requires wells that pump from the Dawson aquifer to replace actual stream depletions to prevent injury to other water rights holders based on actual aquifer conditions at the time the decree approving the augmentation plan was given. However, there is currently no modeling tool available to calculate depletions according to actual aquifer conditions. The current law provides for the replacement of actual out-of-priority depletions to the stream caused by withdraws from such wells.
National Context: Many Western states have laws that prevent the interference with other groundwater user’s rights, but most do not directly address the replacement of water to prevent injury.
- Nebraska: Partnered with the USGS in 1930 for an ongoing water-level management program to document changes in groundwater throughout the state2. Nebraska bases its groundwater recharge to improve well field efficiency on river flow3 (rather than aquifer conditions).
- Idaho: Pumpage is limited to prevent mining and to protect prior rights holders4
- Kansas: Water appropriations must now interfere with other water rights holders or minimum stream flows5
Fiscal Impact: No estimate yet available
Sponsor’s Comments:
1 C.R.S. 37-90-137
2 www.waterdata.usgs.gov
