The History of lawma
LAWMA was formed in 1973 after it became evident that the State Engineer would require some form of river augmentation for any large well using water from the surficial aquifer connected to the Arkansas River. Early attempts to replace depletions were hampered by a lack of adequate information regarding pumping and by the absence of clearly enforceable rules for replacements. The Association did engage in large multi-year project to replace depletions to senior Colorado ditches at the urging of the State Engineer during these early years.
The State of Kansas filed suit against Colorado in 1985 over a number of Arkansas River issues in the Supreme Court of the United States. The Supreme Court appointed a Special Master to hear the case, and the case is now twenty years old and ongoing. After a lengthy trial in Pasadena California, the Special Master ruled in Colorado's favor on all of the matters except for the issue of depletions to useable state line flows caused by well pumping in Colorado. The Master's firth ruling made it clear that he believed that the wells along the Arkansas in Colorado had damaged useable state line flows, and that adequate replacements had not been made. Kansas called for the immediate cessation of all pumping by these wells, and asked for extensive monetary damages for past injury.
Fortunately, the Special Master did not grant the Kansas demand to halt all well pumping, but instead gave Colorado the time to formulate regulations that would allow pumping if the depletions to useable state line flows were replaced. The Colorado Governor Roy Romer appointed the Arkansas River Coordinating Committee (ARCC) to guide the State Engineer to rule making to accomplish this end. The ARCC was made up of many water users along the river and advised the State Engineer to also make the rules cover replacements to senior Colorado surface water users at the same time.
In 1995, the State. Engineer published the new rules and regulations for pumping that are in effect today. These very strict rules make the measurement and reporting of all tributary pumping mandatory. In addition, the rules require a comprehensive replacement plan that makes replacement of depletions on a real-time basis to the river. LAWMA developed its first replacement plan soon after the rules were published and actively embarked on a search for water rights to use for replacement. The first purchase was accomplished soon after with the purchase of the XY Ranch property and associated water rights. Since that time LAWMA has spent over $14 million dollars for water rights to use for replacement. LAWMA continues to improve the plans through innovative acquisitions and agreements.
In 1998, the Association became a shares-based organization by vote of the membership. For the 1999 and 2000 irrigation seasons, allowable pumping was governed by he shares owned by a member and an allocation per share set by the Board of Directors. A secondary market was set up in 1999 to allow for the leasing or sale of shares between members. The market has worked well to provide for a member who desires additional pumping.
The State of Kansas filed suit against Colorado in 1985 over a number of Arkansas River issues in the Supreme Court of the United States. The Supreme Court appointed a Special Master to hear the case, and the case is now twenty years old and ongoing. After a lengthy trial in Pasadena California, the Special Master ruled in Colorado's favor on all of the matters except for the issue of depletions to useable state line flows caused by well pumping in Colorado. The Master's firth ruling made it clear that he believed that the wells along the Arkansas in Colorado had damaged useable state line flows, and that adequate replacements had not been made. Kansas called for the immediate cessation of all pumping by these wells, and asked for extensive monetary damages for past injury.
Fortunately, the Special Master did not grant the Kansas demand to halt all well pumping, but instead gave Colorado the time to formulate regulations that would allow pumping if the depletions to useable state line flows were replaced. The Colorado Governor Roy Romer appointed the Arkansas River Coordinating Committee (ARCC) to guide the State Engineer to rule making to accomplish this end. The ARCC was made up of many water users along the river and advised the State Engineer to also make the rules cover replacements to senior Colorado surface water users at the same time.
In 1995, the State. Engineer published the new rules and regulations for pumping that are in effect today. These very strict rules make the measurement and reporting of all tributary pumping mandatory. In addition, the rules require a comprehensive replacement plan that makes replacement of depletions on a real-time basis to the river. LAWMA developed its first replacement plan soon after the rules were published and actively embarked on a search for water rights to use for replacement. The first purchase was accomplished soon after with the purchase of the XY Ranch property and associated water rights. Since that time LAWMA has spent over $14 million dollars for water rights to use for replacement. LAWMA continues to improve the plans through innovative acquisitions and agreements.
In 1998, the Association became a shares-based organization by vote of the membership. For the 1999 and 2000 irrigation seasons, allowable pumping was governed by he shares owned by a member and an allocation per share set by the Board of Directors. A secondary market was set up in 1999 to allow for the leasing or sale of shares between members. The market has worked well to provide for a member who desires additional pumping.