GREELEY, Colo.—Owners of wells along the South Platte River are sorting out whether a new court ruling will allow them to start using their wells again.
Last week’s ruling by a Greeley water court might allow about half of the 440 wells shut down last year to resume pumping water—but only if tough new requirements to replenish river water are met.
The wells in northeastern Colorado were ordered shut down when holders of senior water rights successfully argued that the wells were illegally drawing down the river.
The decision issued Friday by Judge Roger Klein addresses a plan to replace water tapped by the wells.
The Central Colorado Water Conservancy District, which represents the well users, is still reviewing the ruling to figure out how much additional water the well owners will need. District spokesman Greg Hertzke said the district is encouraged by the decree.
“However, it is too early to determine the immediate impact that the ruling has on next year’s pumping,” Hertzke said. “Our legal and engineering counsel will have to study the details and ramifications of the many complicated issues.”
The district planned a public meeting Oct. 30 at the Island Grove Regional Park Event Center in Greeley to outline the ruling.
Senior water rights owners and communities that challenged the well owners declared victory. They said the complex 101-page ruling likely means the farmers and ranchers won’t be able to use their irrigation wells next spring.
“I don’t know whether they will ever be able to pump those wells again,” said Alan Curtis, an attorney representing senior water rights owners and cities such as Highlands Ranch and Boulder. “They lost on nearly every issue.”
Alan Frank, who farms west of Gilcrest and had to stop using his wells, said the decision at least opened the door.
“It’s sure a lot better than a kick in the mouth,” Frank said.
Last year, after most crops were planted, the state engineer ordered the shutdown of wells from Brighton to Wiggins along the South Platte River. They’ve been idle since.
For decades, the state engineer was able to juggle the state’s water supply to keep farmers happy and the South Platte flowing, but a severe drought starting in 2002 intensified the battle.
Last year, the Colorado Supreme Court upheld a 1969 law requiring well owners to put water back into the South Platte. The courts also ruled that the water courts, not the state engineer, should decide water issues.
A study released by Colorado State University in June said the shutdown of the irrigation wells has taken about 30,000 acres of farmland out of production and led to economic losses as high as $28 million.
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Information from: Greeley Tribune,
