River Protection Workgroup for the Piedra River
“Water 101”(Water Rights, History, and Administration)
January 17, 2012
Bruce WhiteheadExecutive Director
Southwestern Water Conservation District
Pete Kasper Suzanne SellersColo Division of Water Resources ColoWater Conservation Board
Constitution of ColoradoArticle XVI
Water of streams public property, subject to appropriation.
Right to divert the unappropriated waters shall never be denied.
Beneficial Use
Southwestern Water Conservation District
SWCD was created by Colorado legislature in 1941 to promote the health and welfare of Colorado residents by the conservation, use, and development of the waters of the San
Juan and Dolores River basins in Southwestern Colorado.
Nine counties (all of 6, portions of 3)BOCC appoints board
John Taylor – Hinsdale CountyJ.R. Ford – Archuleta CountyTim Kelly – Mineral County
Water Conservation Districts Colorado River Water Cons Dist
Created 1937Southwestern Water Cons Dist
Created April 16, 1941Rio Grande Water Cons Dist
Created 1967 (Compact litigation)Republican River Water Cons Dist
Created 2007 (Assist Compact Admin)
Water Conservancy DistrictsSpecial assessment districts
Title 37 State Statutes (Water & Irrigation)CRS 37‐45‐101 “Water Conservancy Act”Board Appointed by District JudgeFunds generated by Mill Levy (Property Tax)Manage water resources within their specific basin
Local Water Conservancy DistrictsDolores, San Miguel, Mancos, La PlataALP, Florida, San Juan, La Plata‐Archuleta
Water Terms & UnitsCubic foot per secondcfs
Flow Rate 1 cfs approximately 450 gpm
Acre foot afVolume (Football field 1 foot depth)1 af approximately 326,000 gallons1 cfs flow 24 hours = 2 af (1.9835)
Acre ac43,560 sq ft1 square mile = 640 ac
Consumptive Use (Depletion)Amount of water actually consumed
Water Terms & Units (con’t)Appropriation Date
Action initiated for beneficial useAdjudication Date
Date of Water Court actionConditional Water Right
Established date & intent (plan)Not put to use (6 year diligence period)
Absolute Water RightPut to beneficial use and decreed by court
Reserved Water RightFederal right (Including Tribal Rights)Serve intended purpose of land reservation
Water Terms & Units (con’t)Abandonment
Termination of right by non‐use & intentTrans‐Mountain Diversion
Diversion from one watershed to anotherAlternate Point of Diversion
Water right for diversion at additional pointsNot to exceed total decreed amount
Augmentation PlanPlan allows junior diversion with replacementReplace CU and protect senior diversions
Prior Appropriation SystemAdministrative structure, 1st in time‐1st right
Office of the State Engineer
Colorado Division of Water Resources
History Duties are StatutoryPrior Appropriation applied to miners 18591876 Colorado Constitution applied Prior Appropriation Doctrine to all usesWater Districts and Water Commissioner position established by Legislature 1879Office of State Engineer 1881“Superintendent of Irrigation” (now known as Division Engineer) created 18871957 & 1965 Well Permitting, Groundwater1969 Water Rights Determination Act
Water AdministrationPrior Appropriation Doctrinemeans those that put the water to use first are entitled to get their water first during periods of water shortage. In Colorado, water is a separate property right that can be sold separately from the land. This is different than the Riparian Doctrine that recognizes water rights being attached to lands adjacent to the river or stream.
Daily Water Administration“First In Time – First In Right”
Doctrine of Prior AppropriationCall for water right (shut off junior rights)
Reservoir Releases & AdministrationAugmentation Plans
Water Critical AreaRecords of Diversion (Diversion Records)
Published Annually“Irrigation Year” Nov 1st – Oct 31st
Water Rights Tabulation Published every two years (July 2010)
Abandonment List every 10 years
Colorado Water Conservation Board (CWCB)
Created by Legislature 1937
CWCB Mission Statement: To Conserve, Develop, Protect and Manage Colorado’s Water for Present and Future Generations
Self Funded / Severance Tax FundingNo $’s from General Fund
Board Members15 Board Members (10 voting)8 voting members major river basins
Appointment by GovernorConfirmed by Senate3 year terms April Montgomery San Juan, Dolores, San Miguel Rivers
Voting member City/County of DenverExecutive Director DNR (Voting)5 Ex‐Officio
SEO, Director CWCB, Attorney General, Director CDOW, Commissioner Agriculture
CWCB MAJOR PROGRAMSAdmin & MgtWater InformationWater Supply Protection
Utilize Compact EntitlementsEndangered Species
Watershed Protection & Flood Mitigation
Floodplain studiesPrepare/Respond Flood Events
Stream & Lake Protection
1973 ISF Program
Water Supply & FinanceConservation & DroughtIntrastate Water Management & Development
SWSIBasin Round Table
COLORADOHISTORICAL AVERAGE ANNUAL STREAM FLOWS
(acre feet)
OFFICE OF THE STATE ENGINEERCOLORADO DIVISION OF WATER RESOURCES
Prepared by the Hydrographic Branch (2003 Revision)Historic averages obtained from USGS Water-Data Report CO-02
YAMPA
WHITE
LITT
LE S
NAKE
ELK
NO
. PLA
T TE
CACHE LA POUDRE
SOUTH PLATTE
NORTH FORKREPUBLICAN
SOUTH FORK REPUBLICAN
NO. FORK
ARKANSAS
NO. FORK
UN
CO
MPAHG
RE
McELMO
MANCOS
LA P
LATA
ANIM
AS &
FLO
RID
ALO
S P
INO
SPI
EDRA
SAN JUAN CONEJOS
PURGATOIR
E
GUNNISON
SAN MIGUEL
LARAMIE
COLORADO
DO
LOR
ES
RIO GRANDE
1,531,000
555,200
4,500,000
414,300
1,127,000
404,600
311,100111,800
37,100
36,890 25,580670,100 173,700 446,900
+291,200
235,800
322,100
653,300394,300
153,000
593,600
172,000
219,800
943,000
330,500547,300
291,200
268,600
1,872,000
125,100
31,890
313,200 96,300
49,640
47,020
164,20089,820
699,200528,200
879,800
413,200
329,200
45,590476,300229,200
185,200
403,400
31,680
28,750
69,750
FOU
NTA
IN
APISHAPA18,970HUERFANO
26,930
GR
AP
E24,933
BEAR33,760
58,14688,051
63,038
126,800
270,500
204,400
404,400
875,600
265,800 99,500
634,500
ST. VRAIN
BOULDER
158,800
50,050
PIC
EA
NC
E
27,700
152,600
6
5
2
1
34
7
505,600
279,700
2,799,000
334,400
54,760 85,540
EA
ST
TOW
AR
D A
TLA
NTI
C O
CE
AN
1,0
50,9
00 a
f
WE
ST
TOW
AR
D P
AC
IFIC
OC
EA
N 9
,189
,550
af
TOTAL LEAVING COLORADO 10,240,450 af
ROARINGFORK
EAGLE
BLUE
TOMICHI
SOUT
HFO
RK
SAN JUAN - CHAMA
94,180
At Benkelman, NE
Interstate Compacts“Equitable Apportionment”
Colorado River Compact 1922Seven States (AZ,CA,CO,NV,NM,UT,WY)Upper Basin & Lower Basin 7.5 mill af/yr C.U.
La Plata River Compact 1922Half flow at Hesperus delivered to NM following day. Feb 15th‐Dec 1st
Upper Colorado River Compact 1948Colorado’s portion approx 51.75% or 3.9 mill af/yr
Animas‐La Plata Project Compact 1968Right to store and divert ALP water in Colorado & New Mexico
Southwestern Water Conservation District
Tribal Water Rights Reserved Water Rights (1868 date of Reservation)Southern Ute Indian TribeUte Mountain Ute TribeTribal Settlement 1988 Consent Decree 1991
1868 dates exisiting usesSome Subordinated Water Rights (Specific Date)
Construction Animas‐La Plata Project
Navajo Res. (Piedra & San Juan)
Navajo Reservoir (Confluence)
River Protection WorkgroupPiedra River
One More PieceOf The Puzzle!