REGULATORY DEVELOPMENTS

December 2008

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Colorado State Engineer Considers Revisions to Rules Governing Increased Irrigation Efficiency of Surface Water Irrigation in the Arkansas River Basin

The Colorado Division of Water Resources, Office of the State Engineer (State Engineer) recently issued proposed revisions to draft rules to regulate improvements to irrigation systems in the Arkansas River Basin. These rules are intended to keep Colorado in compliance with the terms of the Arkansas River Compact and U.S. Supreme Court decisions governing Arkansas River allocation. The State Engineer originally proposed the rules in 2007, which would have required evaluation and approval of a wide variety of irrigation improvements completed after October 1, 1999. This date was selected because prior to this date Colorado had completed a comprehensive update of irrigated acreage in the lower Arkansas River Basin, which included information on irrigation systems, irrigation methods, and delineated how surface and ground water were used under the major ditches between the City of Pueblo and the Colorado-Kansas state line. The State Engineer then formed a committee of thirty-two stakeholders to provide advice and recommendations regarding the rules, and they are currently being revised in an ongoing process to address these stakeholders’ concerns and concerns of others.