Role of the State Engineer s Office

Transcription

1 Role of the State Engineer s Office Water Administration Water Court Colorado Water Law: Water Court Practice Seminar March 1, 2018 Kevin Rein, P.E., State Engineer Division of Water Resources

2 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

3 Colorado s Hydrology Hydrologic cycle Precipitation, snowfall and rain Runoff Evaporation and infiltration Continued flow out of the state Colorado, headwaters state Independent of people

4 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

5 Recreation Ag Preservation Mining Diversions Transbasin diversions Energy Rainwater capture Domestic well use Competition, priority system Ditch construction

6 Recreation Ag Preservation Dams and Reservoirs Interstate compacts Large-scale ground water development Energy Rainwater capture Domestic well use Drought

7 History of Development Water development Surface water use; mining, domestic use Ditch construction; agriculture, municipal Prior appropriation, allocation Water storage reservoirs Ground water development, Ground water and surface water administration

8 Initial Water Development Surface water use Mining and domestic uses Water taken from rivers and streams Predated laws, constitution, or any administration Small impact at first Then, competition Recognize water rights

9 Initial Water Development Ditch construction Move water away from the river Ability to irrigate a large expanse of lands Municipal supply for locations away from the river

10 Basis for Water Administration Adjudication act of 1879, Water Commissioners, Adjudication Act of 1881, Office of the State Hydraulic Engineer 1887, Superintendent of Irrigation Beginning in 1887, the fundamental structure for water administration is already in place

11 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

12 State Engineer s Office Role Routine water use Colorado Injury Determinations Water Water Court Users Needs SEO Daily administration Approvals Court participation Solutions

13 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

14 Water Administration In priority diversions Direct flow Storage Changed water rights Plans for augmentation Exchanges Deliveries

15 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

16 Understanding Nontributary Ground Water

17 Tributary and Nontributary - It s all about ground water s interaction with surface water

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19 Great distance to stream? Tributary Clay Aquifer Nontributary

20 Tonight s Discussion History of the State Engineer s Office, Responsibilities of the State Engineer s Office Water Administration in Colorado Surface Water Administration Ground Water Administration Tributary versus Nontributary Groundwater Out-of-priority Pumping

21 Summary Colorado case law recognizes that pumping ground water impacts surface water, When that impact occurs in an overappropriated basin the depletion to the surface water is legally presumed to injure surface water rights, Colorado case law and statutory law require that pumping depletion be replaced by a substitute supply through a plan for augmentation.

22 Ground Water Pumping, Depletion of Surface Water - What is the Mechanism? Ground water and surface water are in contact, constantly interacting, Pumping ground water lowers the ground water level, Changes to the ground water level affect the interaction with surface water.

23 Ground Surface Ground water surface (water table) and Saturated Alluvium Confining Bedrock Layer Cross section of typical Colorado alluvial ground water system

24 Ground water discharge to stream There is a constant discharge of ground water to the stream due to the fact that the ground water surface is at a higher level than the stream surface. The flow occurs due to this hydraulic gradient, and increases or decreases with the magnitude of the hydraulic gradient.

25 Ground water discharge to stream Ground water discharge to stream Ground water discharge to stream With no other hydrologic influences, the constant discharge would cause the water table to gradually lower to the same elevation as the stream surface. The ground water discharge would diminish and finally stop.

26 therefore, pumping of ground water has a real impact on the stream flow.

27 Discussion History of Ground Water Management, Legal/Administrative Ground Water/Surface Water Interaction Water Rights Administration Ground Water Modeling Augmentation of Depletions

28 Brief History Ground water management formally became an Administrative issue in Colorado in the 1960 s, but First consider early development in river basins Surface water use developed pre-20 th century, quickly causing over-appropriation Ground water use developed mostly in 1930 s through 1950 s

29 Brief History Surface water/ground water Early 1900 s court recognition of ground water interaction with surface water, 1929, and then 1951, Colorado Supreme Court stated clearly that all ground water was assumed to be tributary to natural streams, absent proof to the contrary.

30 Brief History Surface water/ground water In 1965, the Colorado General Assembly passed House Bill 1066 and enacted the Colorado Ground Water Management Act ( 1965 Act ), Gave the State Engineer the authority to evaluate the use of ground water and deny a well permit if it would result in injury.

31 Brief History Surface water/ground water In 1969, the Colorado General Assembly enacted the Water Rights Determination and Administration Act ( 1969 Act ), Reinforced recognition of the connection between ground water and surface water, Integrated ground water into the priority system introduced the concept of plans for augmentation.

32 Ground water discharge to stream Ground water discharge to stream Ground water discharge to stream Constant discharge depleted the aquifer, however, due to influences like: Recharge from precipitation, ditch, pond, and reservoir seepage, and deep percolation from irrigation, the water table remains, the hydraulic gradient is maintained even while fluctuating from year to year, and the ground water discharge continues.

33 Now, consider an irrigation well at a distance from the stream. As pumping begins, there is an immediate, but limited effect on the water table.

34 As pumping continues, the effect is greater both in magnitude and the areal extent.

35 Original water table At the end of the season, the pumping stops and the aquifer begins to recover near the well. But the total depletive effect on the entire aquifer remains, and slowly works its way toward the river. The aquifer is depleted compared to its state had there been no pumping.

36 Ground water discharge to stream Ground water discharge to stream Now that the water table near the river is lower, the hydraulic gradient is reduced. As a result, the amount of ground water that would have been discharged to the stream is reduced to a smaller amount. This impact, or depletion to the stream is called material injury when there is not enough water in the river to satisfy senior water rights.

37 How does the injury occur?

38 Irrigation Ditch: Water right has a priority date of 1906 Ground water discharge to stream The stream is severely over-appropriated. That is, during most years there is not enough streamflow to satisfy all water rights on the stream. Consider, for example, an irrigation ditch with a 1906 priority. The ditch s water right benefits from the ground water discharge to the stream. Because of the flow in the stream, it may be able to irrigate according to its decreed uses and amounts.

39 Ground water discharge to stream Ground water discharge to stream Irrigation Well: Water right has a priority date of 1953 At the same time, the well, with a 1953 priority, could instead benefit by pumping ground water, acting on the premise that there is ground water available. Of course, this would have the effect of lowering the water table, thereby reducing the ground water discharge. The ditch with the 1906 water right no longer sees the benefit.

40 Irrigation Ditch: Water right has a priority date of 1906 Ground water discharge to stream Irrigation Well: Water right has a priority date of 1953 We are now faced with a difficult legal and administrative question. Who has the right to benefit from the ground water resource, much of which results from precipitation, seepage, and deep percolation return flow - The ditch with the 1906 water right? Or the well with the 1953 water right?

41 Irrigation Ditch: Water right has a priority date of 1906 Ground water discharge to stream The answer is found in the state constitution, and in statutory and case law. The precipitation; the ditch, pond, and reservoir seepage; and the deep percolation from irrigation is all deemed to be waters of the state, a public resource. That water is subject to appropriation by the water users of the state. The State Engineer is bound to administer that appropriation according to the prior appropriation system.

42 Irrigation Ditch: Water right has a priority date of 1906 Ground water discharge to stream The irrigation ditch with a 1906 water right, has the right to be satisfied by the waters of the state. Unless it is satisfied, the well with the 1953 water right cannot appropriate the same water.

43 Replacing Depletions In plain language Augmentation Plan is a plan to replace induced stream depletions using a substitute supply of water

44 Replacing Depletions Actual objectives of augmentation: Statewide; replace stream depletions caused by well pumping, Rio Grande basin; in addition to stream depletions, provide for aquifer sustainability.