R egul ati n g t h e D e n v e r Basi n Aqu i f e r s In the late 1970s, groundwater speculation as
In the mid-1980s a separate “Blue
well as large new housing developments that
Ribbon” committee was also convened
applied for groundwater permits precipitated
by Gov. Richard Lamm to develop a set
Statutory Groundwater Definitions
concerns about sustainable water supplies for
of recommendations to the legislature
Designated Basin Groundwater—Desig-
the Front Range.
regarding the future management of
nated groundwater is water that under
this resource. Among their findings are
natural conditions would not recharge or
the following:
supplement continuously flowing surface
The state legislature and Denver Regional Council of Governments created
streams. It is specific to deep groundwa-
a groundwater task force charged with making recommendations about pump-
• The prior appropriation doctrine
ter underlying the eight “designated basin”
ing water from the area’s deep aquifers.
does not work for deep non-tribu-
areas created by the Colorado Ground
The following were among the panel’s
tary groundwater. Preventing injury
Water Commission, located on Colorado’s
main conclusions:
to senior water rights is central to
eastern plains. This is considered non-
the prior appropriation system.
tributary and is regulated under specific
However, the interdependent and
designated basin rules.
• The bedrock aquifers underlying the
Tributary Groundwater—Water hydraulically
greater metro area contained large
artesian nature of the Denver Basin
amounts of water that could be a
aquifer system makes that protec-
connected to a surface stream that can
great asset to supplement water
tion impossible if the resource is to
influence the amount or direction of flow
supplies for the Front Range;
be developed. After the first well
of water in that stream. It is regulated by
starts pumping, all subsequent
the prior appropriation system, like other
at the edge of the Denver Basin,
wells will naturally deplete that first
surface water rights.
where the aquifers are thin, may be
well’s original artesian pressure.
depleted, need to be re-drilled, or
Protecting “senior” rights from any
pumping of which in 100 years will not
depletion just isn’t possible.
deplete the flow of a natural stream at
• Artesian wells and wells drilled
run dry before others; • Economics would likely be the
• Deep bedrock aquifers should be
Non-Tributary Groundwater—Water the
an annual rate greater than 1/10th of one
deciding factor in limiting this water
pumped with special care, because
percent of the annual rate of withdrawal
resource;
they are essentially non-renewable, or
from the well.
renew over very long time frames.
• Decreased yields could cause seri-
Not-Nontributary Groundwater—Denver Basin groundwater that is connected with
ous social and economic problems,
• No groundwater is completely non-
but this should not prohibit develop-
tributary and if it does adversely
surface streams or the deeper aquifers
ment of the Denver Basin aquifers.
affect surface streams, water rights
where they outcrop. If pumped, these
holders should be compensated by
withdrawals would deplete the flow of a
returning some water to the stream.
natural stream at an annual rate greater
• The interests of overlying landowners should be clarified.
Augmentation plans are court approved plans under the priority system to protect senior surface rights and are generally developed by engineers, lawyers, and other consultants. They allow for out-of-priority diversions by replacing water in the stream that junior users consume.
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Colorado Foundation for Water Education
than 1/10th of one percent the annual rate of withdrawal from the well.