State Engineer: RWR made ‘inaccurate portrayal’ in its proposal
By cvlopez | firstname.lastname@example.org
RENEWABLE Water Resources has made an “inaccurate portrayal of the State Engineer’s actions and the facts” in its pitch to Douglas County to partner in exporting water from the San Luis Valley, State Engineer Kevin Rein said.
Rein, in an email response to a series of questions from AlamosaCitizen.com, said RWR misrepresents Douglas County’s reliance on the “Denver Aquifer” and how a “proposed rule change” from the state engineer would drastically affect Douglas County’s relationship with the aquifer.
“The cumulative effect of RWR’s statements is an inaccurate portrayal of the State Engineer’s actions and the facts,” Rein said.
Rein said his office has not taken a position on the RWR proposal because the project, led by former Colorado Gov. Bill Owens, has not been formally submitted for regulatory review to the State Engineer’s Office. RWR is courting Douglas County as an investor in its efforts to export water from the San Luis Valley to Colorado’s Front Range. To move the project to formal review both by Rein’s office and state Division 3 Water Court, RWR needs to identify an end user for its effort to export water from the Valley.
The project has created an uproar, with city officials from Monte Vista the latest to blast it as a “scheme to transport our valuable water resources out of the San Luis Valley.”
“The idea that there is an abundance of water for Douglas County suburbia to continue to sprawl at the San Luis Valley’s expense is shameless,” Monte Vista
“The cumulative effect of RWR’s statements is an inaccurate portrayal of the State Engineer’s actions and the facts.”
– State Engineer Kevin Rein
officials said in a letter to AlamosaCitizen.com. The full letter is here.
In its pitch, Renewable Water Resources said Douglas County is overly dependent on the Denver Aquifer as its main water supply, and remaining dependent on it threatens the Denver suburb’s property values, economic growth and quality of life.
“Additionally, a proposed rule change could drastically impact Douglas County’s relationship with the Denver Aquifer,” RWR states in its pitch to Douglas County for money. “Colorado’s State Water Engineer recently urged Denver Metro water providers, including those located in Douglas County, to seek renewable sources of water other than the Denver Aquifer. This new guidance will limit the use of the Denver Aquifer and essentially maintain the Aquifer as a ‘preserve.’”
Rein, when asked about the accuracy of RWR’s statements, said, “First, as a matter of hydrogeology, there is one hydrogeologic feature known by scientists and water users as the ‘Denver Basin.’ It stretches from approximately Greeley to Colorado Springs and from the foothills to Limon. Within the Denver Basin is a layering of discrete aquifers that for administration purposes are treated as separate sources. Those aquifers, from the top layer to the bottom layer are: the Dawson Aquifer, the Upper Dawson Aquifer, the Lower Dawson Aquifer, the Denver Aquifer, the Arapahoe Aquifer, the Upper Arapahoe Aquifer, the Lower Arapahoe Aquifer, and the Laramie-Fox Hills Aquifer.
“This information is relevant because the (RWR) report states that ‘Douglas County is currently overly dependent on the Denver Aquifer as its principal water supply…’ However, I know that Douglas County municipal water suppliers and private well owners rely on nearly all of the aquifers I’ve listed, from the Dawson to the Laramie-Fox Hills. Their reliance is not on only the Denver Aquifer.
“Second, the (RWR) Report states, ‘Additionally, a proposed rule change could drastically impact Douglas County’s relationship with the Denver Aquifer.’
“The Report does not cite the claimed ‘rule change.’ For your information, the Division of Water Resources recently proposed amended Statewide Nontributary Ground Water Rules, which rules we regard as consistent with the General Assembly’s statutorily-described allocation of nontributary ground water (see SB73-213; section 37-90-137(4), C.R.S.). To my knowledge, neither RWR nor those Douglas County entities have shown evidence that the State Engineer has ever shown a different application of the General Assembly’s intended allocation. Therefore, I find no support for RWR’s claim that ‘a proposed rule change could drastically impact Douglas County’s relationship with the Denver Aquifer.’ As the State Engineer I believe that RWR should account for this claim since it appears to have no basis.
“In summary, there has been no rule change. If RWR believes the State Engineer’s long-standing application of state statute ‘drastically impacts’ Douglas County, they should also be aware that the State Engineer has not changed its application of the statute in the last 48 years. I am not aware of any evidence to the contrary.”
Renewable Water Resources said it relied on information from a January 2021 environmental law and policy alert on a call for public comment around the proposed amended statewide nontributary groundwater rules.
“Many conversations have and are taking place as to why Front Range cities and towns are going to need to depend less on the Denver Aquifer. And, why water providers in the Front Range are scrambling to find non-Denver aquifer sources,” said spokesperson Monica McCafferty. “This is a known fact in the Front Range and likely to be discussed more in the Douglas County public hearings.”
Rein had a third rebuttal to RWR when the group said in the proposal to Douglas County that Rein had recently urged Denver Metro water providers “to seek renewable sources of water other than the Denver Aquifer,” and called it “new guidance” from the State Engineer.
“I see no basis for this claim,” Rein told Alamosa Citizen. “Since 1996, the State Engineer’s Office has included notes on our correspondence to Douglas County regarding subdivision water supplies that remind the county of the non-renewable nature of the Denver Basin as a water supply. We include the same information on Denver Basin well permits that we issue. We provide this information as a courtesy since we are an agency that knows the science and administrative aspects of the Denver Basin.
“The next statement in the report states that ‘(f)or Douglas County, this ruling is an imminent and practical challenge and catalyst for necessary change.’ The basis of this statement is confusing since there has been no ‘ruling.’ The non-renewable nature of the Denver Basin is the result of hydrogeologic events that occurred millions of years ago. Allocation directives that were put in statute in 1973 reflect that nature of the Denver Basin. Nothing that the State Engineer has done has made the challenge any more ‘imminent.’
“Each of these items may seem small,” Rein said, “but the cumulative effect of RWR’s statements is an inaccurate portrayal of the State Engineer’s actions and the facts.
“I have only commented on the aspects of the letter that portray the State Engineer and our actions in a way that I believe is inaccurate. I will not comment on RWR’s opinions or judgments of Douglas County’s ongoing efforts.”
RWR also misrepresents a Dec. 2018 letter from Rein to the Rio Grande Water Conservation District, Rein said. At that time, Rein had sent correspondence to General Manager Cleave Simpson on the amended Plan of Water Management for Subdistrict 1, and the legal authority he has to curtail groundwater diversions from Subdistrict 1 wells if the conservation district isn’t making progress toward restoring the unconfined aquifer to a sustainable level as ordered by the state water court.
RWR said in its proposal to Douglas County that Rein would shut down wells in the subdistrict for a minimum of three years, boosting its project since its efforts do not rely on the unconfined aquifer.
“Regarding RWR’s reference to my December 2018 letter, if the State Engineer is put in a position of curtailing wells, it would not be ‘…so the objective of the Subdistrict 1 groundwater management plan can be achieved…’ as I read in the proposal. Rather, it would be the result of a regulatory decision that would be necessary due to the fact that the Subdistrict’s Annual Replacement Plan does not meet the objectives of the Rules and the Groundwater Management Plan. This is stated in the December 2018 letter. My letter did not address the amount of time the wells would be curtailed and I don’t know the basis of RWR’s claim that the wells would be curtailed for a minimum of three years.
“As I noted earlier, for RWR’s concept to operate, among other things, they would need to demonstrate through a detailed court approved plan that they would have no impact on the basin as a whole. That is yet to be seen.”