WaterClaim

I was initially asked to write this article to explain concerns raised last week over a complaint (explained below) filed by the Division of Wildlife in Yuma County District Court. The DOW has since withdrawn that complaint.

I greatly appreciate DOW staff and the Wildlife Commissioners for foregoing that action to work cooperatively to solve the basin's water issues. Many people were asked to contact the Division expressing their concern over any potential adverse outcome of the litigation. An expression of gratitude is now equally appropriate.

Unfortunately, there is still litigation pending that could potentially affect groundwater pumping in our basin. That litigation is an appeal by a small group of farmers in Yuma County (Pioneer group), who irrigate less than 1,000 acres of farmland directly from the stream flow of the North Fork of the Republican River.

The Pioneer group diverts river water through the Pioneer and Laird ditches onto their land. Any remaining ditch flow enters Nebraska and is counted toward Colorado's obligation in the Kansas/Nebraska/Colorado compact. Their appeal followed an adverse ruling by the Colorado Ground Water Commission last year.

As background, the Pioneer group had filed a complaint with the Colorado Groundwater Commission in July 2005. In general, the complaint alleged that ground water pumping in the Republican River Basin is the primary cause of depleting stream flows in the river. The complaint demanded that the Commission undesignate the Basin so that groundwater wells shown to affect stream flows could be shut down until full stream flows return

The Pioneer group also demanded that Colorado follow interstate compact law tying all groundwater pumping in the Basin to declining stream flows. The Colorado Groundwater Commission dismissed the Pioneer complaint and the group filed an appeal in the Yuma County District Court.

The Pioneer complaint, if successful, would have the effect of shutting down groundwater wells in part or all of the Republican River Basin without compensation, until full stream flows return. These wells would likely include irrigation, municipal and commercial wells. At best, only the wells closest to the streams would be shut down. However, worst case, the economy of eastern Colorado could be devastated by halting all pumping in the Basin. Among other counties, the Basin includes all of Yuma and Phillips Counties and part of Sedgwick.

Stream flows are arguably down. However, the Pioneer complaint does not acknowledge that the ongoing drought, evolving tillage practices and other factors, have contributed substantially to stream flow depletions.

Additionally, the Republican River Water Conservation District is attempting, through various programs to meet Colorado/Nebraska/Kansas compact compliance, thereby increasing stream flows and preserving the Ogallala aquifer. These programs provide for voluntarily retirement of irrigation wells with compensation, bringing a substantial amount of federal funding into our communities. For these reasons, I believe the Pioneer petition unnecessarily risks economic devastation in eastern Colorado.

While the outcome of the Pioneer litigation is uncertain, it would be commendable for the Pioneer group to follow DOW's lead and withdraw their litigation to work cooperatively for the best interest of all water users in the Basin.

The Pioneer litigation is technically unrelated to the activities of the RRWCD. However, you can find detailed information about the compact and RRWCD water retirement programs on the District website at republicanriver.com.