State shuts down 70 water wells in Poudre basin

December 2, 2009

By Cherry Sokoloski

The Wellington

 

With this year’s soggy spring and early snows that produced above-average moisture, it’s almost hard to remember the severe drought experienced just a few years ago. But, results of that drought linger on.

One change involves the scrutiny given to the use of water wells, especially high-capacity wells used for irrigation and commercial enterprises. Lawsuits brought during the worst drought years forced the state to clamp down on the illegal use of these wells, and officials have been gradually working their way through Colorado to better enforce the rules.

In the past year, the state engineer’s office has been investigating wells in the Poudre River basin, which includes northern Larimer County and northwest Weld County. That work was completed in November, and about 70 wells in the drainage were shut down by the state as a result of the investigation.

Jim Hall, Division 1 engineer for the state, noted that illegal wells are rarer in the Poudre drainage than in other parts of Colorado; only about 5 percent of high-capacity wells in the basin were shut down. Some of those wells were not being used, Hall said, adding that the effect on agriculture was minimal.

The local situation is in stark contrast to well shutdowns in the South Platte drainage in 2003. In the South Platte, Hall said, there was “much more significant impact on agriculture.”

Stricter enforcement of state statutes regarding water wells began in earnest in 2003. In 2002, the state experienced its worst drought in recorded history, and water became a scarce and valuable commodity. As in dry periods of the past, that resulted in legal fights over water. One case in particular, in the Arkansas River Basin in southeast Colorado, was the catalyst for all the subsequent enforcement work with water wells, Hall explained.

In general, well water rights are junior to surface water (stream) rights. Under state water law, junior rights cannot negatively impact senior water rights, so augmentation is required for the wells. The wells that have been shut down did not have proper augmentation plans, Hall noted.

An augmentation plan describes how well owners will replace water that they pump out of priority. That is generally done by purchasing other water rights or by using excess water to recharge the groundwater.

“The great majority of wells are in augmentation plans,” Hall noted.

No augmentation is required for domestic wells on parcels of 35 acres or more.