Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0867.02 Jennifer Berman x3286SENATE BILL 14-147
                   SENATE SPONSORSHIP
 Renfroe,  Brophy, Lundberg
 
                    HOUSE SPONSORSHIP
 Fischer and Saine,  Humphrey
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources, & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a study to determine the impact of increased
            alluvial well pumping in district 2 of water division 1.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill authorizes the state engineer to conduct a study to
       determine the impact of increased alluvial well pumping in district 2 of
       water division 1 on surface stream flows in the South Platte river and
       alluvial levels in the South Platte alluvial aquifer.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 37-60-115, add (9)
       as follows:
            37-60-115. Water studies - rules - repeal. (9) (a)  The board
       shall, in consultation with the state engineer, conduct a study
       to assess the impact of alluvial well pumping on surface flows
       in the South Platte river in district 2 of water division 1. The
       objective of the study is to identify the relationship between the
       withdrawal of water from the South Platte alluvial aquifer
       and the volume of surface stream flows in the South Platte
       river. The study shall include:
            (I)  In order to establish a baseline of stream flows
       against which to measure potential changes caused by alluvial
       well pumping, an historical analysis using all available and
       relevant data from existing gauging stations to determine:
            (A)  Historical rates and amounts of stream flow
       occurring in the South Platte river in district 2; and
            (B)  The amount of gain occurring in reaches between the
       gauging stations;
            (II)  A delineation of the study area, including all areas
       containing wells that withdraw from the alluvium of the South
       Platte river that could potentially affect the rate of stream
       flow in the main stem of the South Platte river located within
       district 2;
            (III)  An historical analysis using all available and
       relevant data to determine the historical levels of the alluvial
       aquifer and the baseline aquifer levels in the study area against
       which to measure potential changes caused by alluvial well
       pumping; and
            (IV)  Installation of a network of dedicated monitoring
       wells in the South Platte alluvial aquifer that are sufficient to
       measure both the alluvial aquifer levels existing at the outset
       of the study and changes in the alluvial aquifer levels in
       response to well pumping. After providing notice by electronic
       mail or, if a party has so elected, by first-class mail, to all
       parties that have subscribed to the substitute water supply plan
       notification list, as described in section 37-92-308 (6) for water
       division 1, the state engineer shall provide a thirty-day time
       period for interested parties to comment on proposed monitoring
       well locations.
            (b)  For a five-year period commencing on June 1, 2014, the
       state engineer shall authorize a twenty-percent increase in
       well pumping by all wells that are part of an adjudicated
       augmentation plan and located within the study area, as
       determined by the amount each well is permitted to withdraw
       under the terms and conditions of the applicable augmentation
       plan. Well owners may apply the added water withdrawn to
       beneficial irrigation uses within the study area. The increased
       well consumptive use authorized in this paragraph (b) is deemed:
            (I)  To have a minimal impact on the operation of the South
       Platte river system as a whole;
            (II)  Not to result in material injury to existing water
       rights; and
            (III)  Justifiable as a means to gain valuable information
       regarding the impact of well pumping on stream flows necessary
       to maximize the use of the South Platte water resource.
            (c)  During the five-year study, the state engineer shall
       monitor the rate and volume of stream flow in the main stem of
       the South Platte river and aquifer levels in the alluvial
       aquifer. On or before November 1 of each year, the state
       engineer shall report to the water resources review committee,
       created in section 37-98-102, with a summary of any changes in
       stream flow and aquifer level attributable to the increased
       well withdrawals. On or before November 1, 2018, the state
       engineer shall give a final report to the water resources review
       committee summarizing the study's conclusions regarding the
       relationship between well withdrawals and stream flows in the
       main stem of the South Platte river.
            SECTION 2.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.