A conversation with State Engineer Jason Ullmann

By PRISCILLA WAGGONER, Courier Reporter
Posted 7/31/24

ALAMOSA – In the San Luis Valley, where the economy is largely driven by agriculture and the region only receives a limited amount of moisture each year, the phrase “agua es vida” …

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A conversation with State Engineer Jason Ullmann

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ALAMOSA – In the San Luis Valley, where the economy is largely driven by agriculture and the region only receives a limited amount of moisture each year, the phrase “agua es vida” (water is life) is more than just something to put on a bumper sticker. It’s a fact of life.

So, when Jason Ullmann, the state’s top water guy, comes to the Adams State University (ASU) campus for a conversation with the public, it’s a big deal.

Thanks to sponsorship from the Salazar Rio Grande Del Norte Center at ASU, Ullmann spent about two hours answering questions first posed by moderator Paul Formisano, recently named as the new director of the Salazar Rio Grande Del Norte Center, and then, later, the audience.

Ullmann was also joined by Nathan Coombs, multi-generational farmer and rancher in the San Luis Valley and newly elected Chairperson of the Colorado Water Conservation Board.

Monday night’s conversation with the public was of special interest to many people as Ullman is relatively new as Colorado State Engineer and Director of the Division of Water Resources (DWR). He was appointed to the position in March and brings with him 14 years of experience at DWR, the last half of which were as the Deputy State Engineer.

When asked to describe the role of state engineer, Ullmann says, “My job is to steward a system of appropriations (of water rights) to make sure people are complying. The job isn’t prescribed but we have laws that the legislature passes that our office enforces.”

The job is enormous with responsibility in a number of areas, including administering the state’s water rights, representing Colorado in interstate compacts – like the Rio Grande Compact, monitoring stream flow and water use plus a myriad of other responsibilities.

The office of state engineer also carries significant power as he has the authority to shut off people’s wells. That authority has been exercised in the past.

“It’s a complicated job,” he says. “In the 1800s, the courts only adjudicated water rights for agriculture and irrigation. Then laws were passed so that the court could adjudicate water for municipal and industrial purposes and, as we’ve grown, we’ve gotten recreational and channel diversions. And it’s only going to get more complicated.”

The idea that “water touches everything” was on display as topics in the conversation ranged from what is the purpose of the Rio Grande Roundtable to what is the role of the federal government in litigating the Rio Grande Compact.

When asked about the relationship between the Colorado Water Conservation Board and the DWR, both agreed the relationship was collaborative with many of the same priorities.

“The CWCB is, of course, the most popular water board,” Coombs said to laughter from the audience.

“They get the money, and we get to shut off people’s wells,” Ullmann joked to even louder laughter.

When asked about what things Ullmann sees for the Rio Grande Basin down the road, Ullmann discussed how management of groundwater relies on modeling that calculates depletions to the stream.

Currently, the model relies on estimates to measure those depletions but a new model being developed includes 12 years of actual pumping so that measurements should be more accurate going forward.

“You can’t manage what you can’t measure,” Coombs said.

When asked about which factors Ullmann sees in the Rio Grande Basin that are unique and others that are challenging, Ullmann discussed the combination of surface water and groundwater, which is unique compared to other basins in the state.

“The local solution that the Valley has chosen to move forward is creation of the subdistricts to manage sustainability. It’s also the only basin with a legislative mandate for creating a sustainable system and sustainable aquifer.

“It’s fairly rare across the West to have that kind of a mandate for sustainability,” Ullmann says. “And this is a very large basin with the economy of the Valley dependent upon the aquifer. It’s very encouraging to see that local solution. Hopefully, that continues to be the case.”

Ullmann also said that Colorado is ahead of all the western states because the state recognized the connection between groundwater and surface water with passage of laws 50 years ago.

“We’ve managed those things together for many years. Not to say it’s easy. But we’re ahead of everyone because we have a fully developed water court system, and other states are just now beginning to do that,” he said.

Ullmann and Coombs were also asked about the export of water.

“I understand the concern,” Ullmann said. “Our role in the Division of Water Resources is prescribed and involves managing water appropriations. We don’t have any applications for the current version of this project [to export water] so there’s nothing to really comment on as if that project is viable or not or how they would push forward with it. But, in Colorado, there is a private property right that you can convey, and you can change. And that’s the case in all basins in the state. I can’t comment. But if there is an application, we would evaluate it for injury to other water rights and to comment to the court. We would also have a role as experts who consult to the court with the water referee, just like we would with any other case. I know that’s not what you want to hear but that is our role and where our authority is.”

“I know it’s emotional to think about this,” Coombs said. “But to have confidence in your own water rights, you have to respect that the law is the law, love it or hate it. Our job here is to evaluate the reality of the threat. The Rio Grande Water Conservation District has people who watch that really closely.

“I’ll tell you right now, it’s not dead. The people who are in charge of that are trying to insert their people into different water boards and into different advisory roles that have more impact on the water plan. But there are very large hurdles.

“Until they file an application, there isn’t much the state can do. But we, as a community, we can look at where are the appropriate places to look at conservation easements. Where can we legitimately and ethically protect our water.

“The threat isn’t quite as imminent as you think. The Front Range – they don’t want to take our water. It’s just some bad actors trying to make a whole lot of money off of middle-manning some water,” Coombs said.

In a final comment about the larger picture, Ullman added that pressures are going to increase.

“This year, we had 105% of snowpack but only 75% of runoff. Less run off from the same amount of snowfall will create more tension,” he said.