GREELEY, Colo.—Weld County commissioners are asking state Attorney General John Suthers for a formal opinion on whether Gov. John Hickenlooper can authorize farmers to use irrigation wells in the South Platte River basin to rescue drought-stricken crops.
State courts have said farmers who use the wells must replace what they take so that there’s water left for senior water rights holders to use, but that’s tough during droughts.
This week, attorneys with the state attorney general’s office informally said Hickenlooper can’t suspend judicial orders and ease restrictions on using the wells.
County commissioners said in a letter Thursday they only want Hickenlooper to suspend enforcement of an order. They also contend Hickenlooper can commandeer water rights during emergencies, which they say appears to happen when crews use reservoirs to fight wildfires.
