Date: 09/04/2014
Final
Overview of Augmentation Plan Statutes and Rules
WATER RESOURCES REVIEW COMMITTEE
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11:38 AM -- Overview of Augmentation Plan Statutes and Rules
Kevin Rein, Deputy State Engineer, Division of Water Resources, had staff distribute (Attachment I) to the committee. Mr. Rein defined "plan for augmentation," and stressed that it must increase the supply of water available for beneficial use. He discussed objectives of augmentation plans and the history of augmentation plans including the 1969 Water Rights Determination and Administration Act which reinforced recognition of the connection between groundwater and surface water, and integrated groundwater into the priority system through the concept of plans for augmentation. He described the hydrology behind augmentation plans and said that because of the Empire Lodge case in 2002, the State Engineer no longer had the authority to approve temporary plans for augmentation and that all plans for augmentation had to be adjudicated by water court, with a few exceptions. Mr. Rein talked about the legal bases of augmentation plans including replacement standards; that groundwater is presumed to be tributary to surface water; and that groundwater must be administered in accordance with the prior appropriation system. He said that because groundwater withdrawals are presumed to deplete surface streams, if a basin is over-appropriated, this is presumed to be injurious. Mr. Rein discussed basin-specific rules to ensure that administration is not arbitrary and said that the State Engineer has the authority to approve temporary plans for augmentation only in certain cases.
Attachment I.pdf
11:59 AM
Mr. Rein responded to questions from the committee regarding the groundwater legal system and administration of augmentation plans. Committee discussion ensued.
12:12 PM
The committee recessed.