McComb, Staci A.

English

University of Denver

Water Law Review Volume 6 Issue 2 Article 63 1-1-2003 Application for Approval of Plan for Augmentation Including Appropriative Rights of Exchange. Staci A. McComb Follow this and additional works at: https://digitalcommons.du.edu/wlr Custom Citation Staci A. McComb, Water Rights Application, Application for Approval of Plan for Augmentation Including Appropriative Rights of Exchange., 6 U. Denv. Water L. Rev. 655 (2003). This Colorado Water Rights Appplication is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Water Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. COLORADO WATER RIGHTS APPLICATIONSbased on actual well pumping data. The amount of water projectedfor the next year's pumping is based on a rolling average of the lastfive year's pumping data. The District proposes to measure future welldepletions based upon a monthly water budget developed for eachparcel. The water budget will be based upon the historic consumptiveuse of each parcel estimated for the period from 1974-2002 and futureyears as added. The historic consumptive use will be estimated by themodified Blaney-Criddle crop evapotranspiration method. Theamount of well water needed to fulfill net crop irrigation requirementswill be determined after crediting surface water irrigation sources,effective precipitation, and soil moisture.The District also seeks absolute and conditional rights for two wellsintended as sources of augmentation, replacement, and exchange forthis plan. Both wells are located in Sedgwick County and havegroundwater tributary to the South Platte River as their source. TheDistrict claims 3000 gallons per minute, absolute; 638 acre-feet,absolute; and 862 acre-feet, conditional; with an appropriation date ofApril 3, 2001, for District Well No. 1. At District Well No. 2, theDistrict claims 3700 gallons per minute, absolute; 1300 gallons perminute, conditional; 1400 acre-feet, absolute; and 3600 acre-feet,conditional; with an appropriation date ofJune 4, 2001.2. OppositionNo statements of opposition have been filed.ArthurR. KlevenAPPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATIONINCLUDING APPROPRIATVE RIGHTS OF EXCHANGE. Case No.2002CW389 (Water Division 1,Jan. 6, 2003). Applicant: Upper SouthPlatte Water Conservancy District and Center of Colorado WaterConservancy District (Atty.JeffreyJ. Kahn, Bernard, Lyons, Gaddis &Kahn, P.C.).1. ApplicationsThe Upper South Platte District ("USPD") and the Center District("Center") (collectively the "Districts") seek to augment various wellsand surface water diversion structures. All of the wells and diversionstructures are located in the drainage basin of the North Fork of theSouth Platte River and the South Platte River above their confluence.Those who currently seek augmentation of their water rights include:Saint Mary of the Rockies, Fairplay Mobile Home Park, Forest GlenSports Association and Lininger Reservoir. However, the applicationprovides that new participating diversions may be added subject toconditions including permission from the Districts and the DivisionEngineer.There are four water rights that will be used for the proposedaugmentation. The first water right involves the thirty-seven acre-feetIssue 2WATER LA W REVIEWof firm yield that the City of Aurora deeded to the USPD. Theproposed water right includes an undivided interest in the right of firstuse of the thirty-seven acre-feet of firm yield per annum from waterrights owned by the City of Aurora deeded for storage in the SpinneyMountain Reservoir. The second water right involves fifty acre-feet ofstorage space in the Spinney Mountain Reservoir that the City ofAurora assigned to the Upper South Platte District. The third waterright involves 21.5 shares of the Mountain Mutual Reservoir Company("MMRC"). The USPD, by virtue of its shareholder status in MMRC,receives 0.675 acre-feet of consumptive use water yearly.The delivery of the 21.5 shares will take place at various pointsfrom several sources. These sources include 2.868 cubic feet persecond ("c.f.s.") of the water rights decreed to Guiraud 3T Ditch, withan adjudication date of October 18, 1889 and appropriation date ofJuly 7, 1867. The second source involves eighty acre-feet of waterowned by MMRC stored in the Spinney Mountain Reservoir, with anadjudication date of 1973 and appropriation date of March 26, 1973.The third source comes from a 25.2% interest in the LowerSacramento Creek Reservoir No. 1, with an adjudication date of 1974and an appropriation date of July 25, 1974. The USPD acquired the21.5 shares by assignment in May 1991. The water rights associatedwith the 21.5 shares may be exchanged upstream by utilizingexchanges decreed in Case No. 80CW050 or by exchanges claimed inthis application. Finally, the fourth water right involves four waterrights, which are subject to an application for a change of water rights.First, the McCartney Ditch, which maintains an undivided three-eights interest in the McCartney Ditch with the right to divert seventy-five c.f.s. as appropriated on May 20, 1885 from the Tarryall Creekthough the headgate of the McCartney Ditch. Second, the SessionsDitch, which retains an undivided one-third interest consisting of theright to divert 3.5 c.f.s. from the Michigan Creek with an appropriationdate of July 31, 1880. Third, the Michigan Ditch, which retains adiversion right of 2.0 c.f.s. as appropriated on June 30, 1875 from theMichigan Creek through the headgate of the Michigan Ditch. Thefourth and final water right involves the Tarryall Ditch, whichmaintains the right to divert 7.9 c.f.s. from the Tarryall Creek throughthe headgate of the Tarryall Ditch as appropriated on June 15, 1875.The Districts plan to use the consumptive use credits quantified inCase No. 02CW240, however they reserve the right to exchange theconsumptive credits from that case using exchanges decreed in thatcase or in this case.The Districts' application plan offers they will provide theaugmentation water for participating diversions including wells,pipelines, ponds, pumps, and springs diverting tributary water forirrigation, stock watering, gravel mining, domestic and commercialuses within the boundaries of the Districts. The Districts plan toprovide augmentation water to replace all consumptive use depletionsresulting from participating water users that have wells, ponds or otherdiversions located within the District.Volume 6COLORADO WATER RIGHTS APPLICATIONSThe application contains detailed descriptions for determining theamount of replacement water required for residential indoor use,indoor consumptive use, irrigation consumptive use, livestock use,pond water surface evaporation, and commercial, industrial andbusiness water use. Similarly, the application details the description ofthe conditional exchanges and the absolute exchanges that will takeplace. Affected streams for conditional exchanges include the SouthFork of the South Platte River (2.0 c.f.s.), the Middle Fork of the SouthPlatte River (2.0 c.f.s.), Tarryall Creek (3.0 c.f.s.), Michigan Creek (2.0c.f.s.), Jefferson Creek (2.0 c.f.s.), the North Fork of the South PlatteRiver (3.0 c.f.s.), the South Platte River (2.0 c.f.s.), Horse Creek (2.0c.f.s.), West Creek (2.0 c.f.s.) and Trout Creek (2.0 c.f.s.). All of theabove listed conditional exchanges have an appropriation date ofDecember 4, 2002. The downstream points of exchange for theabsolute exchanges include the Spinney Mountain Reservoir and theconfluence of the North Fork of the South Platte River and the SouthPlatte River. The upstream points of exchange for the absoluteexchanges consist of a well owned by Saint Mary of the Rockies (0.1c.f.s., January 6, 1999), a well owned by Fairplay Mobile Home Park(0.1 c.f.s., January 1, 1998), a well owned by Forest Glen SportsAssociation (0.1 c.f.s., April 30, 1998) and the Lininger Ditch fromBeaver Creek owned by the Lininger Reservoir Kenosha Trout Club(2.2 c.f.s., March 14, 2000). An agreement of the USPD to replacedepletions to each of the structures initiated the appropriation dates.2. OppositionNo statements of opposition have been filed.Staci A. McCombAPPLICATION OF ROLAND DIXON FOR WATER RIGHTS AND FORAPPROVAL OF CHANGE OF WATER RIGHT AND PLAN FORAUGMENTATION. Case No. 2002CW328 (Water Division 1, Dec. 2002).Applicant: Roland Dixon (Atty. David F. Jankowski, White &Jankowski,L.L.P.).1. ApplicationRoland Dixon ("Dixon") requests a change in a portion of hisdecreed water right. Dixon owns fifty inches of water adjudicated tothe Pleasant Valley and Lake Canal ("PVLC"). Dixon requests up toone inch of his water right for piscatorial, wildlife habitat, stockwatering, recreation and aesthetic purposes, and for augmentation,substitution, replacement and exchange uses. Dixon seeks to add thischange to his presently decreed irrigation use.The point of diversion is located on the south side of the Cache LaPoudre River. The original appropriation occurred betweenSeptember 1, 1861 and June 10, 1864. Dixon presently uses the waterIssue 2

Application for Approval of Plan for Augmentation Including Appropriative Rights of Exchange.

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Application for Approval of Plan for Augmentation Including Appropriative Rights of Exchange.

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