ARKANSAS
RIVER
EXCHANGE
PLAN
CITY
OF
AURORA
CASE
NO.
87CW063,
WATER
DIVISION NO.
2
AUGUST
1991
- 7
9 r'-.
ENARTECH
Inc.
,
ARKANSAS
RIVER EXCHANGE
PLAN
CITY OF
AURORA
Case No. 87CW063, Water Division 2
Prepared By:
Enartech, Inc.
Consulting Engineers and Hydrologists 302 Eighth Street, Suite 325 Glenwood Springs, CO 81602
TABLE OF CONTENTS
1.0 INTRODUCTION 1
1.1 SOURCE OF EXCHANGE WATER 1
1.2 GENERAL DESCRIPTION OF EXCHANGE 1
1.3 SCOPE OF STUDY 3
2.0 SOURCE OF EXCHANGE 4
2.1 ROCKY FORD DITCH WATER RIGHT 4
2.2 TIMING OF DIVERSION AT PUEBLO RESERVOIR 4
2.3 CONDITIONS OF DIVERSION 5
2.4 STIPULATIONS 6
2.4.1 Stipulation with Minority Shareholders 6
2.4.2 Stipulation with Pueblo, Colorado Springs and Others 6
2.4.3 Stipulation with Opposers 7
2.5 ACCOUNTING OF CHANGE OF WATER RIGHTS 8
2.6 AMOUNT OF ROCKY FORD DITCH WATER TO BE
DIVERTED AT PUEBLO RESERVOIR 9
2.7 STORAGE OF WATER IN PUEBLO RESERVOIR 9
3.0 PROPOSED OPERATION OF EXCHANGE 10
3.1 RATE OF EXCHANGE 10
3.2 REPLACEMENT WATER SUPPLY 10
3.2.1 Direct Replacement 10
3.2.2 Replacement from Storage 11
3.2.3 Lag Times 11
3.3 TRANSIT CREDIT 11
3.4 EXCHANGE CONDITIONS TO PREVENT INJURY 11
3.4.1 Protection of Intervening Water Rights 11
3.4.2 Priority of Exchange 12
3.4.3 Dilution of Wastewater Effluent 12
3.5 TIMING OF EXCHANGE 13
3.6 EXAMPLES OF EXCHANGE OPERATION 13
3.6.1 Twin Lakes Reservoir 13
3.6.2 Turquoise Reservoir 15
3.6.3 Clear Creek Reservoir 16
3.6.4 Halfmoon Intake of the Mt. Elbert Conduit 16
3.6.5 Otero Pump Station 16
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4.0 WATER QUAUTY 17
4.1 ARKANSAS RIVER BELOW PUEBLO RESERVOIR 17
4.1.1 Suitability of Water Quality for Downstream Use 17
4.2 EFFECT OF EXCHANGE ON DOWNSTREAM WATER QUALITY 19
5.0 ACCOUNTING AND ADMINISTRATION 21
5.1 ACCOUNTING OF REPLACEMENT WATER AT PUEBLO RESERVOIR 21
5.2 DETERMINATION OF EXCHANGE POTENTIAL AT UPSTREAM SITES 21
5.3 OBSERVATION OF ARKANSAS RIVER STREAMFLOW 22
6.0 CONCLUSIONS 23 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment 7 Attachment 8 Figure 1 Table 2.1 Table 2.2 Table 2.3 Table 3.1 Table 3.2 Table 4.1 Table 4.2 LIST OF ATTACHMENTS
Application for Appropriative Right of Exchange - Case No. 87CW063
Decreed Change of Water Rights - Case No. 83CW018
Stipulation with Minority Shareholders - Case No. 83CW018
Stipulation with Pueblo, Colorado Springs and Others - Case No. 83CW018
Stipulation with Others (AVDA et al) - Case No. 83CW018
Rocky Ford Ditch Accounting, Data Input Requirements
Rocky Ford Ditch Accounting, Summary of Data Output
Projected Diversions of Rocky Ford Ditch Water at Pueblo Reservoir, J.W. Patterson and Associates
LIST OF FIGURES
Arkansas River Vicinity Map and Location of Exchange Sites 2
LIST OF TABLES
Rocky Ford Ditch, Allowable Rate of Diversion at Pueblo Reservoir 5
Stipulated Priority Order for Exchanges and Diversions at Pueblo Reservoir 7
Daily Accounting Requirements, Change of Rocky Ford Ditch to Pueblo
Reservoir 8
Example Exchange to Twin Lakes Reservoir, Snowmelt Runoff Period 14
Example Exchange to Twin Lakes Reservoir, Late Summer Period 15
Average Specific Conductance, Arkansas River above and below
Pueblo Reservoir 18
Crop Salinity Tolerance 19
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1.0 INTRODUCTIONI
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The City of Aurora (City) owns approximately 60 percent of the Rocky Ford Ditch. This water right is presently decreed for municipal and other uses, and can be diverted at Pueblo Reservoir. In December of
1987, the City filed an Application for an Appropriative Right of Exchange with the District Court for Water
Division 2. This application (Case No. 87CW063) seeks the right to exchange Rocky Ford Ditch water from
Pueblo Reservoir to several upstream storage and diversion sites within the Arkansas River Basin. From these upstream sites, water will be diverted through Aurora's existing delivery system to the South Platte River Basin.
1.1 SOURCE OF EXCHANGE WATER
Aurora is the owner of 466.48 shares of the 800 total outstanding shares in the Company, which owns the Rocky Ford Ditch. The ditch is adjudicated for over 200 cubic feet per second (cfs). In Case No.
83CW018, the Water Court for Water Division 2 decreed that the historic consumptive water use associated
with Aurora's shares in the Rocky Ford Ditch may be diverted at Pueblo Reservoir. The Water Court also changed the use of Aurora's shares in the ditch to include out-of-basin municipal and domestic use, as well
as irrigation. The decree in Case No. 83CW018 allows Aurora to annually divert up to 9,270 acre feet (AF)
at Pueblo Reservoir. This water is divertable throughout the growing season, at a rate commensurate with the historic irrigation consumptive use associated with Aurora's share of the Rocky Ford Ditch Company.
Of the total amount divertable at Pueblo Reservoir, up to 8,250 AF per year is available for subsequent use
by Aurora.
1.2 GENERAL DESCRIPTION OF EXCHANGE
The application in Case No. 87CW063 (Attachment 1) seeks to exchange Aurora's share of the Rocky Ford
Ditch water. This water will be exchanged from Pueblo Reservoir to five existing upstream storage or diversion sites in the upper Arkansas River Basin. These sites are illustrated on Figure 1 and include:
• Twin Lakes Reservoir • Turquoise Reservoir • Clear Creek Reservoir • the Otero Pumping Station
• the Halfmoon Creek Intake Structure of the Mt. Elbert Conduit
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TURQUOISE RESERVOIR LAKE PORE R. EIZERT CONDUIT EULEILOON CX. e LEADVILLE RIVER NEAR SULU TTIN LAKES RESERVOIR CLEAR CL RES. ARKANSAS lavra AT GRANITE arrao PIPELINE pipnzia BUENA VISTA AMANSAS RIVER NEAR NATIIROP B. LEGEND • - CAGING STATION 0 5 10 15 20 25 30 SCALE IN MILES --4 •141110 10 ""ANN.
EFIARTECH
SPINNEY RESERVOIR SALIDA ARKANSAS RIVER NEAR WELLSVILLE EIXVIN MILE M. ARKANSAS RIVER AT PAM:DALE ARICANSLS RIVER AT CANTON CITYFIGURE
1
ARKANSAS
RIVER
VICINITY
MAP
AND
LOCATION
OF
EXCHANGE
SITES
CANON CITY nomericz ARKANSAS RIVER NEAR PORTLAND PUEBLO RESERVOIR PUEBLO ARKANSAS RIVER ABOVE PUEBLO ARKANSAS REV= ABOVE AVONDALE CONSULTING ENGINEERS AND HYDROLOGISTSI
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Specifically, Aurora will divert water at one or more of the identified exchange sites, and will replace a like
amount of water to the Arkansas River below Pueblo Reservoir. The rate of exchange will be limited to that
amount of water which would have otherwise been released or bypassed from a specific exchange site, but
will not exceed 500 cfs. Water that Is replaced by Aurora below Pueblo Reservoir will be either Rocky Ford Ditch water instantaneously available for diversion at Pueblo Reservoir at the time of the exchange, or water released from Pueblo Reservoir that has been previously stored by Aurora.
The exchange will not reduce or otherwise Influence the discharge of the Arkansas River below Pueblo Reservoir. However, when in operation, the exchange will diminish the discharge of the Arkansas River in the intervening river reach between Pueblo Reservoir and the upstream exchange sites. In order to prevent injury to senior divertors within this affected reach, the exchange will be operated pursuant to the following general conditions:
• The exchange will be administered by the State Engineer to ensure that the amount of water available for an efficient appropriation by senior water users located between the exchange sites and Pueblo Reservoir is not diminished.
• Aurora will accurately measure and institute a daily monitoring and accounting program to ensure proper administration of the exchange.
• The exchange will be operated to maintain the discharge of the Arkansas River so as not to interfere with the current operating criteria of the Salida Wastewater Treatment Plant and the Fremont Sanitation District Water Treatment Plant. Specifically, the flow of the Arkansas River below the Fremont County wastewater outfall will not be diminished below 190 cfs. Also, the
discharge below the Salida Wastewater Plant will not be diminished below a flow ranging from
189 cfs to 239 cfs, depending on the time of year.
• The exchange will operate in-priority only, and pursuant to stipulated agreements, will be operated junior to certain decreed and pending exchanges of the City of Colorado Springs, the Pueblo Board of Water Works, and the Colorado Canal Company.
1.3 SCOPE OF STUDY
This report documents the operation and administration of the proposed exchange. The diversion of Rocky Ford Ditch water at Pueblo Reservoir is initially assessed. Following this discussion, the proposed operation of the exchange is identified for each specific exchange site. The accounting and administration
of the exchange, and the effect of the exchange on water quality, are also discussed.
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2.0 SOURCE OF EXCHANGE
2.1 ROCKY FORD DITCH WATER RIGHT
The source of water for the proposed exchange is Aurora's share of the Rocky Ford Ditch Company. The
City owns 466.48 shares (58.3 %) of the 800 total outstanding shares in the company. In Case No.
83CW018, the Water Court for Water Division 2 decreed a change of water rights for Aurora's share of the
company. This change of water rights allows the diversion of Aurora's share of the ditch at Pueblo Reservoir. The decree also authorizes the use of the water right for municipal and domestic purposes, including industrial uses and exchange, and also including the right to successively use the water to the extent that it was historically consumed. These changes are subject to certain conditions specified in the decree, which is presented in Attachment 2.
The Water Court concluded that the historical annual consumptive water use of the applicant's share of the ditch was 8,250 acre feet. Further, the Court concluded that historic ditch diversions resulted in certain winter time return flows to the river totaling 1,020 AF per year. Accordingly, the decree allows the City to
divert up to 9,270 AF (8,250 AF + 1,020 AF) per year at Pueblo Reservoir. Of this amount of water, 1,000
AF is to be released to the Rocky Ford Ditch headgate during the winter months, or In the alternative, transferred to the winter water storage account in Pueblo Reservoir for use by parties that historically benefitted from the winter return flows. As specified in the decree, the City can annually divert, and subsequently use and reuse, up to 8,250 AF of Rocky Ford Ditch water at Pueblo Reservoir. This water will be used to replace diversions at the upstream sites of storage and diversion identified in the exchange
application pending in Case No. 87CW063.
2.2 TIMING OF DIVERSION AT PUEBLO RESERVOIR
Diversions at Pueblo Reservoir are decreed to occur on a daily basis from March 15 through the end of October. The timing and rate of allowable diversions at Pueblo Reservoir are documented in paragraphs 9.3 and 9.4 of the decree (Attachment 2). The decreed rates of maximum daily diversion, and the maximum monthly total diversions at Pueblo Reservoir are illustrated below on Table 2.1. The maximum
rate of daily diversion can be increased by 3 cfs in order to recoup unobtained monthly diversion quantities
as long as all other decree conditions are satisfied and river conditions permit.
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, TABLE 2.1ROCKY FORD DITCH
ALLOWABLE RATE OF DIVERSION AT PUEBLO RESERVOIR
Monthly Daily Total Rate Amountl (cfs) (AF) March 15 - 31 11 370 April 19 1129 May 23 1412 June 32 1901 July 32 1964 August 30 1841 September 1 - 15 e 20 594 September 16 - 30 25 743 October 13 798 ,
1 Cumulative annual diversions may not exceed 9,270 AF
2.3 CONDITIONS OF DIVERSION
The decree in Case No. 83CW018 documents certain conditions which influence the diversion of water at
Pueblo Reservoir. A summary of these conditions occurs below:
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• Water shall be diverted at Pueblo Reservoir only after written consent is obtained from the owner of this structure.
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• Water cannot be diverted at Pueblo Reservoir on eight selected Sundays during the irrigation season. Ditch maintenance historically occurred on these dates.
• The Division Engineer will recognize a continuing water right call at the Rocky Ford Ditch headgate from March 15 through the end of October. The water that is the subject of the call will be diverted into the Rocky Ford Ditch and subsequently discharged to the Arkansas River through a
new wasteway facility constructed and operated by the City.
• Aurora shall install and maintain measuring devices at the new wasteway Identified above, and at the tail of the ditch where it discharges to Timpas Creek.
• Water may be diverted at Pueblo Reservoir only to the extent that the original decree for the Rocky Ford Ditch Is in-priority at the original headgate. A pro rata reduction in the rate of diversion at Pueblo Reservoir will occur to the extent that the original priority of the ditch is not in priority.
• Diversions at Pueblo Reservoir will not exceed the lowest ascertainable flow of the Arkansas River between Pueblo Reservoir and the Fort Lyon Canal.
• Diversions will not be allowed to deplete the native discharge of the Arkansas River below 10 cfs between Pueblo Reservoir and the Rocky Ford Ditch headgate.
• The City shall abandon its share of the second (1890) Rocky Ford decree to the river.
• Water cannot be diverted at Pueblo Reservoir to the extent that It would Interfere with existing exchanges.
2.4 STIPULATIONS
Aurora's decreed change of water rights for the Rocky Ford Ditch Is influenced by three separate
stipulations. These stipulations are with (1) the minority shareholders in the Rocky Ford Ditch, (2) the Cities
of Pueblo and Colorado Springs, the Colorado Canal Company, and the Lake Henry and Lake Meredith Reservoir Companies, and (3) certain other opposers to the change in water right application including the Arkansas Valley Ditch Association.
2.4.1 Stipulation with Minority Shareholders
The City has signed a stipulated agreement with the minority shareholders (Aschermann et al) in the Rocky Ford Ditch. A copy of this stipulation is presented In Attachment 3. This stipulation, which is incorporated Into the decree for Case No. 83CW018, requires Aurora to construct up to three check structures in the ditch. The purpose of these structures Is to maintain adequate head within the ditch for delivery of water to minority users. The check structures will be constructed only if necessary to deliver water to the minority users.
2.4.2 Stipulation with Pueblo, Colorado Springs and Others
On June 5, 1985, the applicants stipulated with the City of Colorado Springs, the Pueblo Board of Water
Works, the Colorado Canal Company, and the Lake Henry and Lake Meredith Reservoir Companies. The
purpose of this stipulation (Attachment 4) was to designate a priority of diversion and exchange for the parties involved. Specifically, the parties to the stipulation agreed to a priority order of exchanges or diversions at Pueblo Reservoir. This priority order is to be Implemented during those times that the discharge below Pueblo Reservoir is inadequate to accommodate the entire amount of the exchanges or diversions which the parties seek to make.
The priorities of diversion identified in this stipulation are summarized in Table 2.3. Pueblo has the first
priority to exchange up to 27 cfs. The Lake Meredith Company has the right to exchange the next 100 cfs
for Irrigation use under the Colorado Canal. Pueblo and the Companies (Colorado Canal, Lake Henry and
Lake Meredith) have the right to each exchange up to 50 cfs under the next priority. The Companies have
the fourth priority of exchange for 50 cfs. The City of Colorado Springs has the fifth priority for 77 cfs. This
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2.5 ACCOUNTING OF CHANGE OF WATER RIGHTS
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Diversions of Rocky Ford Ditch water at Pueblo Reservoir will be carefully monitored and administered. The decree for the Change of Water Rights requires detailed daily accounting of diversions at Pueblo Reservoir, along with other selected Information. The specific records that will be maintained on a daily basis are illustrated in Table 2.3.
TABLE 2.3
DAILY ACCOUNTING REQUIREMENTS
CHANGE OF ROCKY FORD DITCH TO PUEBLO RESERVOIR
CASE NO. 83CW018
• The rate of flow into storage at Pueblo Reservoir
• The cumulative monthly volume In storage at Pueblo Reservoir
• Water in storage in Pueblo Reservoir, adjusted for upstream exchanges and evaporation • Amounts in storage for winter releases, and any releases thereof
• Any adjustment In daily diversion rates • Verification of no storage on required days
• Rocky Ford headgate diversion records, new wastewater return flows, incremental seepage water owed to the minority shareholders, and daily flows at the ditch's discharge to Timpas Creek
• Any prorata diversion reductions
• Documentation of river flows from Pueblo Reservoir to the headgate of the Fort Lyon Canal for the period of March 15 through November 1
• The amount and source of inflows into Pueblo Reservoir as well as any releases from the reservoir
• Documentation of the operation of any exchanges on the Arkansas River or its tributaries • Diversions by the minority shareholders under the second Rocky Ford Ditch priority
Aurora has completed the installation of the required return flow channel to the Arkansas River below the Rocky Ford Ditch headgate. New measuring devices have been installed on the Rocky Ford Ditch, the return flow channel, and the tail of the ditch above Timpas Creek. In 1991, the City will instrument these facilities to provide automatic control and operation of the ditch headgate and the return flow channel. An accounting program has been developed by Aurora for use in administering the decree. This program has been provided to the Division Engineer and utilizes appropriate decree conditions to determine the amount of water available for diversion at Pueblo Reservoir on a daily basis. Input requirements for the program are illustrated in Attachment 6. The output of the program (Attachment 7) identifies the amount of water available for storage and many of the reporting requirements identified in the decree, and on Table 2.3 above.
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2.6 AMOUNT OF ROCKY FORD DITCH WATER TO BE DIVERTED AT PUEBLO RESERVOIR
Aurora will divert Rocky Ford Ditch water at Pueblo Reservoir oniy when conditions contained in the decree
and in appurtenant stipulations of Case No. 83CW018 are satisfied. This will prevent injury to vested water
users within the Arkansas River Basin.
The amount and timing of water diverted at Pueblo Reservoir may vary from year to year In response to actual river conditions. In November of 1986, J.W. Patterson and Associates completed an assessment of the amount of water that may be diverted at Pueblo Reservoir under the identified shares of the Rocky Ford Ditch Company. A daily estimate of divertable water at. Pueblo Reservoir was simulated for the 30 year period of 1950 through 1980, excluding 1965. This study concluded that an average of approximately 9,200 AF of water was divertable at Pueblo Reservoir for the study period. Of this amount, 1,000 AF per year is reserved to replace winter return flows, resulting in an estimated yield of 8,200 AF per year to Aurora. The simulation results indicate that only in three years of the study period (1954, 1956 and 1977), was the annual yield less than the 9,270 AF allowed in the decree for the Change of Water Rights. A
summary of the simulation results is provided in Attachment 8.
Enartech, Inc. Is in the process of developing a water right simulation model of the Arkansas River Basin for the City of Aurora. This model will simulate the operation of structures downstream of Pueblo Reservoir, as well as the exchange potential at the upstream sites identified in Case No. 87CW063. This model will provide an additional independent estimate of the amount of water divertable at Pueblo Reservoir. This assessment has not been completed at this time.
2.7 STORAGE OF WATER IN PUEBLO RESERVOIR
The City has obtained an account with the U.S. Bureau of Reclamation (USBR) for the storage of up to 10,000 AF of water in Pueblo Reservoir. The City will store Rocky Ford Ditch water in this account during periods when the water cannot be directly exchanged to upstream sites. All water held in the City's account will be subject to appropriate evaporation losses as determined by the USBR. The City will maintain daily accounting of the amount of water held in Pueblo Reservoir.
3.0 PROPOSED OPERATION OF EXCHANGE
During most of the irrigation season, water right calls on the mainstem of the Arkansas River originate from senior water rights along the river downstream of Pueblo Reservoir. These senior rights curtail diversions by upstream junior appropriators.
Water rights decreed to the five proposed exchange sites have relatively junior priorities. While water may be physically available for diversion at the upstream exchange sites, downstream water right calls often preclude the storage or diversion of water at the exchange locations. In the pending exchange application, the City proposes to divert or store water at one or more of the upstream exchange sites, and replace the diversions with a like quantity of water at Pueblo Reservoir. This replacement will insure that water availability to senior appropriators below Pueblo Reservoir is not reduced, and that injury does not occur.
3.1 RATE OF EXCHANGE
The rate of the exchange will be limited to the rate of discharge which would have been released from, or bypassed at, a specific exchange location had no exchange been made. As outlined in the application in
Case No. 87CW063, the maximum rate of exchange will not exceed 500 cfs. Additionally, the maximum
rate of exchange to the Otero Pump Station will be limited to the physical capacity of this structure.
The rate of exchange may be further limited to prevent injury to senior appropriators in the intervening reach of the Arkansas River between the exchange sites and Pueblo Reservoir. Specific• operational conditions that will be employed to prevent injury to these Intervening water users are outlined in Section 3.4 of this report.
3.2 REPLACEMENT WATER SUPPLY
The City's diversions at an upstream exchange site may be replaced in several ways. Diversions may be directly replaced by that Rocky Ford Ditch water which is instantaneously available for diversion at Pueblo Reservoir at the time of the exchange. Diversions may also be replaced by water which the City holds in storage In Pueblo Reservoir. Exchanges will not exceed the total amount of water available for replacement at Pueblo Reservoir.
3.2.1 Direct Replacement
In this alternative, the City would directly replace diversions at an exchange site with Rocky Ford Ditch water. For example, on a given day the City may exchange 15 cfs at Twin Lakes Reservoir while 32 cfs of Rocky Ford Ditch water is divertable at Pueblo Reservoir. In this event, 15 cfs would be stored in Twin Lakes Reservoir, and this storage would be directly replaced with 15 cfs of Rocky Ford Ditch water released to the river at Pueblo Reservoir. The remaining 17 cfs of Rocky Ford Ditch water would be placed In Aurora's contracted space for storage in Pueblo Reservoir.
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3.2.2 Replacement from Storage
In this scenario, upstream diversions would be replaced with water held in storage in Pueblo Reservoir. For example, 200 cfs may be exchanged at Twin Lakes Reservoir during the snowrrielt runoff period while 32 cfs of Rocky Ford Ditch water is divertable at Pueblo Reservoir. Rocky Ford Ditch water directly available for diversion (32 cfs) would partially replace the upstream diversions, and an additional 168 cfs would be released from Aurora's account in Pueblo Reservoir to fully replace all upstream depletions.
3.2.3 Lag Times
Streamflow at the• upstream exchange sites is not routed to Pueblo Reservoir immediately. The time required for this water to reach Pueblo Reservoir is variable, and primarily depends on the total rate of flow in the river. Aurora will provide replacement water at Pueblo Reservoir in accordance with a lag period determined by the Division Engineer. This will assure that replacement water is available to downstream
appropriators at the same time that water would have otherwise been available for diversion.
3.3 TRANSIT CREDIT
The Division Engineer currently estimates that a transit loss of approximately eleven percent occurs between the upstream exchange sites and Pueblo Reservoir. Accordingly, about 11% of the water that will be exchanged by the City may not have been available to downstream appropriators. Aurora is not claiming a transit credit in the pending exchange, and will replace all diversions at exchange sites with a like amount of water at Pueblo Reservoir. As a result, the actual water availability at and below Pueblo
Reservoir may increase during periods that an exchange is made. If Aurora exchanges an average amount
of 8,250 AF per year, an increase in water availability of approximately 900 AF per year could occur.
3.4 EXCHANGE CONDITIONS TO PREVENT INJURY
The replacement of water at Pueblo Reservoir will maintain streamflow available to appropriators below the reservoir at all times that an exchange is being made. However, the exchange will cause a reduction in streamflow in the intervening reach of the Arkansas River between the exchange sites and Pueblo Reservoir. In order to prevent injury to decreed senior rights in this intervening reach, any exchanges by the City will be operated in accord with the following conditions.
3.4.1 Protection of Intervening Water Rights
An exchange will not be made if it diminishes the amount of water that would have otherwise been available for efficient appropriation by senior water rights in the intervening reach. If a senior right Is unable to divert as much water when an exchange is occurring, the rate of exchange will be reduced an appropriate
amount, or totally curtailed. The rate of exchange will be subject to the determination and control of the
Division Engineer to ensure protection of senior water rights in the intervening reach.
3.4.2 Priority of Exchange
Aurora will operate the exchange in-priority only. The exchange will be operated with a priority junior to exchanges with a senior administration date. Decreed or pending exchanges above Pueblo Reservoir which are senior to Aurora's proposed exchange include, but may not be limited to, the following exchanges listed by Case number. Aurora will implement an exchange only if exchange potential remains after these senior exchanges have been implemented.
Colorado Canal Company Lake Meredith Reservoir Co. Lake Henry Reservoir Co. Pueblo Board of Water Works
City of Colorado Springs
Case No. 84CW62 Case No. 84CW63 Case No. 84CW64 Case No. 84CW177 Case No. 84CW178 Case No. 84CW203 Case No. 86CW118 ...
3.4.3 Dilution of Wastewater Effluent
Within the intervening reach, the Arkansas River receives wastewater effluent of the Fremont County Sanitation District and of the City of Salida. These wastewater facilities are governed by discharge permits Issued by the Colorado Department of Health. In turn, the discharge permits are partially based on the anticipated low flow conditions of the Arkansas River.
In a recent exchange case of the Pueblo Board of Water Works (Case No. 84CW177), the Court ruled that Pueblo could not operate its exchange in such a way as to reduce the flow of the river at the Fremont County wastewater outfall below 190 cfs. The Court determined that this condition would provide adequate dilution flow for wastewater effluent "and would avoid adverse affect upon the quality of water at the Florence water treatment plant". Subsequent to this ruling, the City of Colorado Springs stipulated that it would adhere to the same condition in its exchange activities. In addition, both the Pueblo Board of Water
Works and Colorado Springs have agreed to curtail certain exchange operations if certain streamfiows are
not maintained at the City of Salida wastewater facility.
The City of Aurora will also operate its proposed exchange in accord with these agreements. Specifically, Aurora's exchange will be operated in such a way so as not to reduce the flow of the Arkansas River at the outfall for the Fremont County Sanitation District wastewater treatment plant below 190 cfs. Further, the exchange will not operate in such a way as to decrease the flow of the river at the Salida wastewater treatment plant below the following rates:
November - January 189 cfs
February - April 180 cfs
May -July 239 cfs
August - October 229 cfs
From the flow rates listed above will be subtracted those total upstream diversions by appropriators junior to the City's exchange, which have not been replaced or returned to the river.
3.5 TIMING OF EXCHANGE
Aurora's exchange will be implemented at those times when water is physically available for diversion at an exchange site, and when the above operating conditions are met. It Is anticipated that the majority of the City's water will be exchanged during the snowmelt runoff period, and that exchanges will be reduced or curtailed during the baseflow period and the winter months.
Physical water availability at the exchange sites is limited during the baseflow period. Senior exchanges of the Pueblo Board of Water Works, Colorado Springs, and the Colorado Canal companies will have first priority to divert the limited exchange potential at these times. Aurora's exchange will have a junior priority and may be limited to those periods of greater river flow, when the exchange demand of the above entitles can be satisfied without diverting the entire exchange potential at a given site.
It is not anticipated that Aurora will implement significant exchanges during periods that the Winter Water Program is storing water in Pueblo Reservoir. However, to the extent that these exchanges do occur, Aurora will replace all upstream diversions by crediting the Winter Storage account with a like amount of water from the City's storage account in Pueblo Reservoir.
3.6 EXAMPLES OF EXCHANGE OPERATION
The City proposes to exchange water to five potential sites. The potential operation of the exchange at each site is discussed below.
3.6.1 Twin Lakes Reservoir
Examples of potential exchanges to Twin Lakes Reservoir occur in Tables 3.1 and 3.2. In the first example, (Table 3.1) an exchange is made to Twin Lakes Reservoir during the snowmelt runoff period. This illustration is representative of streamflow conditions that may occur in late June or early July of an average year. In this example, the outflow of Lake Creek below Twin Lakes Reservoir Is 850 cfs (Une 1), following senior exchanges by others, but prior to an exchange by the City. The Colorado Water Conservation
Board instream flow right below Twin Lakes Reservoir Is 15 cfs (Line 2) and the total exchange potential at
the site is 835 cfs (Line 3). Aurora has claimed a maximum exchange rate of 500 cfs (Line 4), and the total rate of exchange would be limited to this amount.
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etti,:i -6-d4.-kkyyTABLE 3.1
EXAMPLE EXCHANGE TO TWIN LAKES RESERVOIR
SNOWMELT RUNOFF PERIOD (LATE JUNE TO EARLY JULY)
Quantification of Exchange Potential
1. Lake Creek outflow from Twin Lakes Reservoir prior to exchange
2. Lake Creek CWCB lnstream Flow Requirements
3. Amount available for exchange
(Line 1 minus Line 2)
4. Aurora's total exchange potential
(Maximum exchange rate)
5. Rocky Ford Ditch water divertable at Pueblo Reservoir
6. Aurora's release of water from Pueblo Reservoir
= 850 cfs = 15 cfs = 835 cfs = 500 cfs = 32 cfs = 468 cfs Streamflow Conditions Arkansas River near Malta
Lake Creek below Twin Lakes Reservoir Arkansas River at Granite
Arkansas River near Wellsville Arkansas River at Parkdale Arkansas River at Canon City Arkansas River at Portland - Releases from Pueblo Reservoir
Arkansas River above Pueblo Arkansas River near Avondale
Without Exchange With Exchange
1030 cfs 1030 cfs 850 cfs 350 cfs 1880 cfs 1380 cfs 3510 cfs 3010 cfs 3830 cfs 3330 cfs 3670 cfs 3170 cfs 3640 cfs 3140 cfs 0 cfs 500 cfs 3130 cfs 3130 cfs 3330 cfs 3330 cfs
The 500 cfs available for exchange would be stored In Aurora's storage space in Twin Lakes Reservoir, or
delivered directly to the Otero Pump Station for delivery to the City. Aurora Is the owner of 2,434.66 shares
of the Twin Lakes Reservoir and Canal Company, and is entitled to the use of approximately 2,700 AF of
storage in the reservoir. The City also the owns 50 percent of the Otero Pump Station.
The 500 cfs exchange to Twin Lakes Reservoir would be replaced with water at Pueblo Reservoir. In the
mid-Irrigation season, Aurora will typically have 32 cfs (Line 5) of Rocky Ditch water available at Pueblo Reservoir. This water would not be stored in Pueblo Reservoir, but would be directly replaced to the
Arkansas River. In addition, Aurora would release 468 cfs (Line 6) from storage In Pueblo Reservoir. This
release would provide a total replacement of 500 cfs and would reduce storage in Aurora's account in Pueblo Reservoir by approximately 928 AF.
Changes in streamflow of the Arkansas River are identified in the bottom portion of Table 3.1. Streamflow would be reduced by up to 500 cfs along the reach of river between Twin Lakes Reservoir and Pueblo Reservoir. The release of water from Pueblo Reservoir would increase by 500 cfs. Downstream of Pueblo Reservoir, streamflow would not be affected.
A second exchange example is shown In Table 3.2. This exchange represents conditions that may occur during the month of August In a representative water year. The outflow from Twin Lakes Reservoir, prior to an exchange by Aurora, Is 35 cfs. The maximum rate available for exchange, after considering the CWCB instream flow requirement, Is 20 cfs. Aurora would place this water in storage in Twin Lakes Reservoir. In August, 30 cfs of Rocky Ford Ditch water is typically available for diversion at Pueblo Reservoir. In this exchange example, 20 cfs of this water would be released from Pueblo Reservoir to replace the upstream exchange at Twin Lakes Reservoir. The remaining 10 cfs of Rocky Ford Ditch water that is available would be stored In Aurora's storage account at Pueblo Reservoir. This stored water would be available for
exchange at a later date, as illustrated In the example in Table 3.1.
TABLE 3.2
EXAMPLE EXCHANGE TO TWIN LAKES RESERVOIR
LATE SUMMER PERIOD
Quantification of Exchange Potential
1. Lake Creek outflow from Twin Lakes Reservoir prior to exchange = 35 cfs
2. Lake Creek CWCB lnstream Flow Requirements = 15 cfs
3. Amount available for exchange = 20 cfs
(Line 1 minus Line 2)
4. Aurora's total exchange potential = 20 cfs
(Maximum exchange rate)
5. Rocky Ford Ditch water divertable at Pueblo Reservoir = 30 cfs
6. Aurora's release of water from Pueblo Reservoir = 0 cfs
Streamflow Conditions Without Exchange With Exchange
Arkansas River near Malta 475 cfs 475 cfs
Lake Creek below Twin Lakes Reservoir 35 cfs 15 cfs
Arkansas River at Granite 709 cfs 689 cfs
Arkansas River near Wellsville 933 cfs 913 cfs
Arkansas River at Parkdale 1120 cfs 1100 cfs
Arkansas River at Canon City 837 cfs 817 cfs
Arkansas River at Portland 784 cfs 764 cfs
Releases from Pueblo Reservoir 360 cfs 380 cfs
Arkansas River above Pueblo 1140 cfs 1140 cfs
Arkansas River near Avondale 1400 cfs 1400 cfs
3.6.2 Turquoise Reservoir
An exchange to Turquoise Reservoir would be operated in a similar manner. Exchange potential at this site would be based on the flow of Lake Fork Creek that would have otherwise been released from the reservoir had an exchange by the City not occurred. An exchange will not be operated to diminish water availability to irrigation rights on Lake Fork Creek, or to diminish water availability to the CWCB instream flow right of 15 cfs below the reservoir. Much of the water physically available at Turquoise Reservoir is diverted
/)-1)/' • g4)-t „41--teie ? Ala":6 eto ; de4A4_,11 ,j— /tv-tc
through the Mt. Elbert Conduit for the production of electricity. This water is subsequently discharged to Twin Lakes Reservoir and the Arkansas River. Water diverted through the Mr. Elbert Conduit Is not available for exchange at Turquoise Reservoir, but may be exchanged at Twin Lakes Reservoir.
Water exchanged to Turquoise Reservoir will be stored In the City's storage space in the reservoir. The
City has 5,000 AF of unrestricted use storage space In the reservoir, along with a contract for the additional
use of 30,000 AF of storage associated with the Homestake Project. From Turquoise Reservoir, Aurora's water will ultimately be released through the Mt. Elbert Conduit to Twin Lakes Reservoir and the intake of the Otero Pipeline located at Twin Lakes Reservoir.
3.6.3 Clear Creek Reservoir
This reservoir is located on Clear Creek downstream of Twin Lakes Reservoir. The reservoir is owned and operated by the Pueblo Board of Water Works. Aurora will exchange water to Clear Creek Reservoir at a rate up to the amount of water which would have otherwise been released from the facility. Aurora will not exchange water to Clear Creek Reservoir without prior approval from the Pueblo Board of Water Works.
3.6.4 Halfmoon Intake of the Mt. Elbert Conduit
The Mt. Elbert Conduit diverts water from Halfmoon Creek into Twin Lakes Reservoir. Water exchangeable into the Halfmoon Creek intake will be based on that amount of flow which would have otherwise been bypassed from the structure. An exchange will not be operated to diminish water available to either the
CWCB's instream flow right of 7 cfs, or to irrigation users on Halfmoon Creek downstream of the intake.
Water exchanged to the Halfmoon Intake will be diverted through the Mt. Elbert conduit to Twin Lakes Reservoir, and subsequently routed to the intake of the Otero pipeline. Aurora will not exchange water to the Halfmoon intake without the prior approval of the U.S. Bureau of Reclamation.
3.6.5 Otero Pump Station
The decreed intake of the Otero Pump Station is located on the Arkansas River near Clear Creek. Water will be exchanged to this facility in a similar manner as to Twin Lakes Reservoir. However, the water will not be placed in storage, but will be directly diverted through the Otero Pipeline for use by the City. The City has a one-half interest in the pump station and pipeline, and will not exchange water at a rate which exceeds the capacity of the pipeline.
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4.0 WATER QUAUTY
The City of Aurora will divert water from the headwaters of the Arkansas River basin, and will replace these diversions with a like quantity of water from the Arkansas River at Pueblo Reservoir. A requirement of Colorado Water Law Is that water substituted In an exchange "shall be of a quality and continuity to meet requirements of use to which the senior appropriation has normally been put". As discussed below, the exchange will have a negligible influence on water quality, and water substituted by the City will be suitable for all existing downstream uses.
4.1 ARKANSAS RIVER BELOW PUEBLO RESERVOIR
The Arkansas River below Pueblo Reservoir Is primarily used for Irrigation and agricultural purposes. The Colorado Water Quality Control Commission has established water quality standards to protect these uses of the river. Specific standards have been adopted for three river segments below Pueblo Reservoir. The
first segment extends from the outlet of Pueblo Reservoir to a point immediately above the confluence with
Wildhorse/Dry Creek Arroyo. This segment Is classified for the uses of agriculture, water supply, cold water aquatic life Class 1, and recreation Class 1. The second river segment extends from Wildhorse/Dry Creek Arroyo to a location immediately above Fountain Creek. The use classifications for this reach Include agriculture, water supply, warm water aquatic life Class 1, and recreation Class 2. The lower classification reach is located from the confluence of Fountain Creek to the Colorado state line, and is classified for agriculture, water supply, warm water aquatic life Class 2, and recreation Class 2.
Water quality of the Arkansas River below Pueblo Reservoir is influenced not only by the quality of Inflow to the reservoir, but also by the reservoir itself. Storage of water, and the routing of Inflow through the reservoir, dampens natural fluctuations in the quality of water downstream of the facility. Water released from Pueblo Reservoir is a composite of different quality water that has been stored and mixed In the reservoir. The quality of this water is a function of the timing and amount of water routed through the storage facility, and the magnitude of constituent loading that occurs from natural runoff and from human activity above the reservoir.
4.1.1 Suitability of Water Quality for Downstream Use
Salinity, often measured as specific conductance, Is a commonly used Indicator of the overall quality of agricultural water. Average specific conductance levels of the Arkansas River upstream of Pueblo Reservoir at Portland, and downstream of the reservoir (above the City of Pueblo), are illustrated in Table 4.1. These data reflect that seasonal fluctuations in water quality are slightly dampened by storage in the reservoir. While the variation in quality is reduced, seasonal fluctuations remain. TDS concentrations are typically greatest in the winter and baseflow months, and are reduced during the snowmelt runoff period of June through August. Upstream of the reservoir (at Portland) specific conductance is lowest In June and July, coincident with snowmelt runoff. Below the reservoir (above Pueblo), conductance levels are least In July and August, possibly resulting from attenuation of snowmelt runoff in the reservoir.
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TABLE 4.1AVERAGE SPECIFIC CONDUCTANCE
ARKANSAS RIVER ABOVE AND BELOW
PUEBLO RESERVOIR (umhos/cm) At Above City Portland of Pueblo January 452 422 February 416 521 March 466 531 April 456 545 May 353 555 June 210 451 July 205 244 August 333 272 September 428 348 October 492 384 November 484 ...._ December 445 489 Annual 386 443
Source: U.S. Geological Survey water quality data, 1985-1987
The quality of water discharged from Pueblo Reservoir is well below recommended salinity tolerance limits
for agricultural uses. Table 4.2 illustrates recently published crop tolerances for salinity, expressed In
micromhos per centimeter. The quality of water from the reservoir (Table 4.1) Is considerable better than these salinity tolerances.
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TABLE 4.2CROP SALINITY TOLERANCE
(micromhos per centimeter)
Field Crops Vegetable Crops Forage Crops
Crop Tolerance3 Crop Tolerance3 Crop Tolerance3
Barley 5300 Beans(field) 700 Broadbean 1100 Corn 1100 Cotton 5100 Cowpea 900 Flax 1100 Groundnut 2100 Rice (paddy) 2000 Safflower 3500 Sesbania 1500 Sorghum 2700 Soybean 3300 Sugarbeet 4700 Wheat 4000 _ Beans 700 Beets 2700 Broccoli 1900 Cabbage 1200 Cantaloupe 1500 Carrot 700 Cucumber 1700 Lettuce 900 Onion 800 Pepper 1000 Potato 1100 Radish 800 Spinach 1300 Sweet Corn 1100 Sweet Potato 1000 Tomato 1700 Alfalfa 1300 Barley Hay 4000 Bermuda Grass 4600 Clover, berseem 1000 Corn (forage) 1200 Harding Grass 3100 Orchard Grass 1000 Perennial Rye 3700 Sudan Grass 1900 Tall Fescue 2600
Tall Wheat Grass 5000
Trefoil, big 1500
Trefoil, small 3300
Wheat Grass 5000
1 Ayers, R.S., and D.W. Westcot,
No. 29, 1976.
2
Tolerance levels for 100% 3
From City of Colorado Springs
Water Quality for Agriculture, FAO Irrigation and Drainage Paper for additional information.
Gronning Engineering Company. crop yield potential, see reference
Arkansas River Exchange Plan,
4.2 EFFECT OF EXCHANGE ON DOWNSTREAM WATER QUAUTY
A common concern with recent exchanges by municipal interests in the Arkansas River Basin has regarded
the quality of water used for replacement purposes, and the influence of this replacement water on downstream users. The City of Aurora will not use wastewater effluent as replacement water, but will provide substitute water directly from the Arkansas River at Pueblo Reservoir. The City will not discharge any point or non-point source loads to the river. The water used for replacement will not be used or subsequently reused by the City, but will be natural runoff of the Arkansas River.
The replacement water provided by Aurora will be Arkansas River water discharged from Pueblo Reservoir, and the exchange will not influence the suitability of water quality for use in the lower Arkansas River basin. The exchange could slightly affect water quality below Pueblo Reservoir by minimally reducing the amount of water available for mixing and dilution at the reservoir. From 1966 through 1987, an average annual
-discharge of approximately 507,000 AF was monitored at the U.S. Geological Survey streamgage below Pueblo Reservoir. With the proposed upstream exchange, Aurora could deplete the average amount of water routed to this location by a maximum of 8,250 AF per year, or about 1.6 percent. If the water diverted at an upstream exchange site is of a better quality than water occurring at Pueblo Reservoir, the exchange could slightly influence water quality by diminishing water available for dilution. At most, it Is projected that the average concentration of salinity and other constituents In the river at Pueblo Reservoir, would increase by less than one percent. This nominal potential change in water quality will not measurably influence water quality below Pueblo Reservoir, and the water will remain suitable for the normal requirements of use by downstream senior appropriators.
5.0 ACCOUNTING AND ADMINISTRATION
The City will provide detailed daily accounting of all exchange activities. This accounting will facilitate administration of the exchange, and will assure that operation of the exchange does not injure any senior rights in the basin. The accounting system will utilize daily real-time information monitored by the USBR,
USGS, Colorado Division of Water Resources, the City of Aurora and others.
Aurora will develop a detailed accounting system for use by the Division Engineer and the City. This system will be subject to final approval by the Division Engineer. At this time, the City proposes three distinct components of daily accounting. The first phase would provide documentation of the amount of replacement water at Pueblo Reservoir that is available for use by the City. The second phase would assess the daily exchange potential that occurs at the proposed exchange sites. The final phase would
document streamflow of the Arkansas River between the exchange sites and Pueblo Reservoir.
5.1 ACCOUNTING OF REPLACEMENT WATER AT PUEBLO RESERVOIR
Aurora's ability to exchange water is dependent on the amount of replacement water that is available at Pueblo Reservoir. As outlined in Section 2.0, the decree in Case No. 83CW018 requires detailed daily accounting of the amount of Rocky Ford Ditch water that is divertable at Pueblo Reservoir. A computer program has been developed to assist with this accounting.
An example of the accounting procedure, and the information that is documented on a daily basis, are
illustrated in Attachments 6 and 7. This procedure provides documentation of the rate of flow directly
divertable at Pueblo Reservoir, as well as the amount of Aurora's storage in Pueblo Reservoir. Storage in Pueblo Reservoir is adjusted for evaporation losses and for previous exchanges from or into storage. This information is available daily, and will also be summarized on a monthly and annual basis.
5.2 DETERMINATION OF EXCHANGE POTENTIAL AT UPSTREAM SITES
The Division Engineer, with the assistance of local Water Commissioners, will determine the amount of exchange water that Is available at the upstream sites. Real-time hydrologic data is collected at the outlet structures of Turquoise Reservoir, Twin Lakes Reservoir, the Mt. Elbert Conduit and Clear Creek Reservoir. This information provides a basis for identifying the discharge that occurs at each of the exchange sites. Total exchange potential can be determined by consideration of Instream flow requirements at each exchange site, the magnitude of senior exchanges, flow requirements at the Salida and Fremont County wastewater plants, and other requirements to protect senior water rights. The City will closely cooperate with the Division Engineer, to facilitate administration of the exchange.
5.3 OBSERVATION OF ARKANSAS RIVER STREAMFLOW
The exchange will Influence discharge of the Arkansas River between the upstream exchange sites and Pueblo Reservoir. Daily observation and accounting of streamflow conditions In this intervening reach are recommended. These observations will assist the Division Engineer with the evaluation of exchange potential, and will assure that senior rights in the intervening reach are not injured.
Six continuous recording streamflow monitoring stations are located on the Arkansas River in the Intervening reach. In addition, several tributaries are monitored between the specific exchanges sites and the Arkansas River. The general location of these stations is illustrated in Figure 1. These monitoring sites adequately represent streamflow conditions along the affected reach of the river, and are recommended for use in monitoring the river reach affected by the exchange. These sites include:
• Lake Fork Creek below Turquoise Reservoir • Arkansas River near Malta
• Lake Creek below Twin Lakes Reservoir • Arkansas River at Granite
• Clear Creek below Clear Creek Reservoir • Arkansas River near Nathrop
• Arkansas River near Wellsville • Arkansas River at Parkdale • Arkansas River at Canyon City • Arkansas River near Portland • Arkansas River above Pueblo
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6.0 CONCLUSIONS
The exchange plan pending in Case No. 87CW063 will allow the City of Aurora to move water it currently diverts at Pueblo Reservoir, to storage and diversion facilities with the upper Arkansas River Basin. From these upper basin facilities, the water can be delivered to the South Platte River Basin. The exchange will totally replace all diversions at the upstream sites with Arkansas River water at Pueblo Reservoir. This will assure that the quantity and timing of water available to downstream appropriators Is not affected. Further, the quality of the replacement water from Pueblo Reservoir will meet the requirements of use to which downstream senior appropriations have been put.
The exchange plan will diminish the discharge of the Arkansas River in the intervening reach between the exchange sites and Pueblo Reservoir. In order to prevent injury to water users in the intervening reach, the exchange plan will be operated pursuant to the following conditions:
• The exchange will be administered by the State Engineer to ensure that the amount of water available for efficient diversion by senior appropriators located between the exchange sites and Pueblo Reservoir is not diminished.
• The exchange will be operated to maintain the discharge of the Arkansas River so as not to Interfere with the current operating criteria of the Salida Wastewater Treatment Plant and the Fremont Sanitation District Water Treatment Plant. Specifically, the Arkansas River below the Fremont County wastewater outfall will not be diminished below 190 cfs. Also, the discharge
below the Salida Wastewater Plant will not be diminished below a flow ranging from 189 cfs to
239 cfs, depending on the time of year.
• The exchange will operate in-priority only, and pursuant to stipulated agreements, will be operated junior to certain decreed and pending exchanges of the City of Colorado Springs,
the Pueblo Board of Water Works, and the Colorado Canal Company.
Aurora will institute a daily monitoring and accounting program to assure proper operation of the exchange. This accounting program will document the availability of replacement water at Pueblo Reservoir pursuant to the decree in Case No. 83CW018. In addition, the exchange potential at upstream sites, and the discharge of the Arkansas River in the intervening reach will be monitored. The accounting program will assist administration of the exchange by the Division Engineer.
We conclude that no injury will occur to senior appropriators in the Arkansas River basin if the exchange
plan is operated in accord with the above procedures.
ATTACHMENT 1
APPUCAT1ON FOR APPROPRIATIVE
RIGHT OF EXCHANGE
DISTRICT CCM RT r WATER DIVISION 2 COLORADO
Case No. 87 C163
APPLICATION FOR APPROPRIAT IVE RIGHT OF EXCHANGE
IN THE MATTER OF THE AP PL I CAT ION FOR WATER RIGHTS OF THE
CITY OF AURORA COL ORA DO A MU NI
a
PAL CORPORAT IONIN LAKE, CHAFFEE, FREMONT, PUEBLO, CRCCA7LEY, AND OTERO CCUNTIES.
I. Name, Mail
i9 Address, and Telephone Number of Applicant.
The City of Aurora, Colorado, a municipal corporation
Counties of Adams and Arapahoe:
1470 South Havana Street Suite 820
Aurora, Colorado 80012-4090 Telephone: (303) 695 7030
II. Appropriative Right of Exchange
of the
=7
co
Pursuant to Colorado Statutes, the Applicant hereby reque-fts
an appropriative right of exchange, of even date herewith to
operate the exchange herein described. The Applicant seeks an
appropriative right of exchange from the Pueblo Reservoir to the
Twin Lakes Reservoir, the Turquoise Reservoir, the Clear Creek
Reservoir, the Otero Pumping Station, and the Halfmoon Cr
intake structure belonging to the Bureau of Reclamatio
pr.:VEfi
A
III. Name- and Location,
of :Structures
, The- Pueblo:Reservoir,
The Pueblo Reservoir
is located in all or portions of Sections 7, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 in Township 20 South, Range 66 West, and Sections 1, 2, 3, 4, 5, 9, 10, and 11, in Township 21 South, Range 66 West, and Sections 5, 8, 9, 13, 14, 15, 16 1 22, 23, and 25, in Township 20 South, Range 67 West, all in the 6th Principal Meridian in Pueblo County, Colorado. The Pueblo Reservoir Dam axis and the center
line of the Arkansas
River intersect at a point in Section 36, Township 20 South, Range 66 West of the 6th Principal Mereidian, from which the Northeast corner of said Section 36 bears North 61° 21' 20" East, a distance of 2,511.05'
all more particularly
described in the decree in Case No. B-42135, District Court, Pueblo County, Colorado. 2. -Twin Lakes.Reservoir c The Reservoir is located in all or portions of Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 30 in Township 11 South, Range 81 West of the 6th Principal Meridian, in Lake County, Colorado. Twin Lakes
Dam axis and center
line of Lake Creek
intersect at a point Whence the SE corner of Section 23, Township 11 South, Range 81 West of the 6th Principal. Meridian bears South 540 13' 8" East, a direction of 3,803.10' or more particularly
described in the decree in Civil Action No. 5 14 1 (District Court,
Chaffee County, Colorado).
3. Turquoise Reservoir. Turquoise Reservoir is located in all or portions of Sections 7, 8, 17 18 19, and 20, Township 9 South, Range 80 West, and Sections 10, 111 12, 13, 14 and 15, Township 9 South, Range 81 West, all from the 6th P.M., in Lake County, Colorado. The Turquoise Reservoir dam axis and the centerline of Lake Fork Creek intersect at a point whence the Northwest corner of Section 16, Township 9 South, Range 80 West of the 6th P.M. bears North 44 0 46'l8" East a distance of
10,344.35 feet, all as more particularly described in the decree
in Civil Action No. 5 141 (District Court, Chaffee County) .
4. Clear Creek Reservoir.
Clear Creek Reservoir is located in all or part of Sections 7 and 8, Township 12 South, Range 79 West of the 6th Principal
Meridian in Lake County, Colorado. The Clear Creek Reservoir Dam
axis and the center line of Clear Creek intersect at a point
whence the South corner of Section 8, Township 12 South, Range 79 West of the 6th Principal Meridian bears South 27° West a
distance of 2,255 feet.
5. Otero Pump Station.
The Otero Pump Station diverts water from the Arkansas River in Chaffee County, Colorado approximately at a point that bears North 300 West a distance of 6,180 feet to the Northeast corner of Section 6, Township 12 South, Range 79 West of the 6th
Principal Meridian.
6. Halfmoon Creek
The Halfmoon Creek intake structure diverts water from
Halfmoon Creek in Lake County, Colorado at a point in the center line of Halfmoon Creek and the diversion structure whence the Southwest corner of Section 7, Township 10 South, Range 80 West of the 6th Principal Meridian bears North 55°37 146" West a
distance of 445 .03 feet.
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IV. Source
The source of water used in the exchange will be the Applicant's share of the so-called Rocky Ford Ditch Company. Specifically, the Applicant is the owner of 466.48 shares of the 800 total outstanding shares of capital stock of the Rocky Ford Ditch Company. The water represented by these shares was
transferred from direct diversion and use for agricultural purposes to direct diversion for all municipal and domestic purposes, including industrial uses and exchange in addition to irrigation including initial and successive use of the water tc the extent it was historically consumed, by the Water Court in and for Water Division 2 pursuant to the Decree of Court issued in Case No. 83-CW-018. This decree further specified the water
rights associated with the shares of the Rocky Ford Ditch Company so transferred would be divertable at the Pueblo Reservoir. The water rights represented by shares in the Rocky Ford Ditch
Company were originally decreed as Priority No. 1 in the original adjudication for former Water District No. 17 on April 8, 1905 for 111.76 cfs with an appropriation date of May 15, 1874, and Priority No. 14 was awarded to the Rocky Ford Ditch in the same adjudication for 96.54 cfs with an appropriation date of May 6, 1890.
V. Appropriation Information
1. Date of appropriation: December 21, 1987.
2. How appropriation was initiated: By the overt act of a construction survey for placement of necessary equipment upon the land commencing December 17, 1987, and a Resolution of the City
Council of the City of Aurora dated December 21, 1987, evincing the City's intent to make the appropriation listed herein.
3. Date water applied to beneficial use: Not applicable -conditional rights requested.
VI. Amount Claimed
Applicant would operate the Pueblo Reservoir to Twin Lakes. Turquoise, and Clear Creek Reservoirs, and Otero Pumping Station, and Halfmoon Creek intake structures exchange at a rate of flow
up to the rate of flow into the receiving reservoir or diversion structure, provided that intervening senior water rights which are lawfully calling for water are satisfied, but in any case, the rate of flow shall not exceed 500 c.f.s. -- CONDITIONAL
VII. Proposed Use.
The Applicant proposes to use the water which is moved by exchange for all beneficial purposes for which these water rights have been decreed. A listing of those purposes appears
hereinabove wherein the specific source of water was enumerated.
VIII. Names and Addresses of Owners on the Land Which the Points of Exchange
and Use Are Located.
The City of Aurora, Colorado, 1470 S. Havana St., Suite 820, Aurora, CO 80012-4090.
United States Bureau of Reclamation, Eastern Colorado Projects Office, PO Box 449, Loveland, CO 80539-0449.
Ix. Description of Exchange
At any time when there is a live stream between the upstream side of the Pueblo Reservoir and Twin Lakes Reservoir, Turquoise
Reservoir, or the Clear Creek Reservoir or the Otero Pumping Station or the Halfmoon Creek intake structures, the Applicant will operate, when in priority, an exchange of water to those facilities from the Pueblo Reservoir up to a rate of flow into the receiving reservoir or diversion structure provided that intervening senior water rights which are lawfully calling for waters are satisfied, but in any case, the rate of flow shall not exceed 500 c.f.s.
This exchange will only be made at such time as a live stream is available to make such exchange and when such exchange would operate in priority. The Applicant proposes to accurately
measure and institute a plan of accounting, acceptable to the State Engineer, in order to show proper operation of the
requested exchange. Applicant further proposes not to operate its exchange at any time that they would injure the rights of any intervening senior diverters. The Applicant further recognizes
any and all previous decrees for exchanges upon the Arkansas
River and any Stipulations between itself and any other person or entity regarding the use of the exchange capacity of the Arkansas River. The Applicant further proposes to operate the exchange
her requested in the manner *so as to peevent injury to the
vested and conditionally decreed water rights of others and so 8
as to assure the quality of the water of the Arkansas River will meet the requirements for which senior appropriators have
normally used said River.
X. Remarks
Appropriations under this Application are needed to serve the requirements of the City of Aurora. Because Aurora reasonably believes that it has such a need, it is committed to developing the entire amount of this conditional. request. By undertaking planning, engineering, legal efforts, construction, and other activities that become necessary and apparent, Aurora will be able to diligently complete this conditional appropriation in a reasonable time and be able to exchange and apply to beneficial use the full amount of the conditional aporopriation herein requested.
The Applicant has included a map which al-so describes the exchanges herein listed. This map is attached hereto and incorporated herein by this reference.
XI. Prayers for Relief
The Applicant respectfully requests this Court grant a Decree
for a conditional appropriative right of exchange from the
sources listed herein to the points listed herein at the rates
listed herein.
Applicant further requests this Court to grant a priority
date of the appropriative right of exchange which is the subject
of this Applicaticn of December 21, 1987, and adjudication date
relating back to the date of filing of this Application.
Applicant requests the Court allow such rights to remain
conditionally decreed subject to Applicant's obligation to
demonstrate diligence on a quadrennial basis.
Applicant further requests this Court also grant such
additional relief that it deems necessary and appropriate to
further the purposes of the appropriation herein requested.
RESPECTFULLY SUBMITTED this .A-4`• day ofac:y..-.4^1987.
.11U61..._W4DUNCM—te-spINGESS, P. C.
•
-By
..i
John, Dingese'--(12239)
El-iza F. Hillhouse (11966) Special Counsel to the City
of Aurora 1660 Lincoln St., Suite 1975 Denver, CO 80264 (303) 860-.1975 • roe 10
. ' ...01?.11.11 ..., APe..; e.. i'-: i' . ,.!.... .e;..%'.'-:' ,7 :.,'...: '°.•.,1,:. r. :. : ,, '\'. s.:!....:•.% .` • . • . : :,... ..., -3 , 0.- • i • ,. % . Z.• : C • 1. i • ••••." . . . . .... •• , ...: ' .,.. , I • • • • • • : .2:: :* 4..4 wil.. ..• •
The foregoing yerification was acknowledged before *..?,:.
.
this ;•••:: day of -- .-& ,
1987 by Douglas Kemper, Wa.:p4???,,,,:-...
Resources Engineer, for the City of Aurora, Colorado. **•:.,:::...--....-...;- ...,•
/
VERI Fl CATION
STATE OF COLORADO ) •
)ss
County of Arapahoe )
I, Douglas Kemper, P.E., Water Resources Engineer, being
first duly sworn upon oath, do.hereby certify that the
information in the foregoing Application for Appropriative Right
of Exchange is true and correct to the best of my knowledge and
belief.
Further, the affiant saith naught.
Witness my official seal. c;
My commission expires:
My
Commission Expires November 6, 1991
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ATTACHMENT 2DECREED CHANGE OF WATER RIGHTS
CASE NO. 83CW018
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2 PitDISTRICT COURT, WATER DIVISION NO. 2, STA Case No. 83-CW-018
Fled in the office of tho Cleraltar
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OF COLORADO
NOV
FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE
3 1986
Cierk
IN THE MATTER OF THE APPLICATION FOR CHANGE OF WATER RIGHTS OF: RESOURCE INVESTMENT GROUP, LTD., MONTINI CATTLE COMPANY, VALCO INC., FRANK L. AND PATRICIA GILBERT, ROY E. AND ALICE MOFFETT, JOHN K. AND MILDRED GAUSE, JOHN K. AND DONALD GAUSE, AND IRENE GAUSE,
IN THE ARKANSAS RIVER OR ITS TRIBUTARIES, IN OTERO AND PUEBLO COUNTIES, COLORADO.
THIS MATTER is before the Court for hearing upon the applications of the Applicants for changes of water rights, as to certain rights and priorities to the use of water from the
Arkansas River, Water Division No. 2.
Applicants appeared by WILLIAM A. HILLHOUSE II,
JOSEPH P. McMAHON, JR. and GAIL L. WURTZLER of DAVIS, GRAHAM &
STUBBS. The Applicant RESOURCE INVESTMENT GROUP, LTD. will be
referred to herein as "RIG." RIG and the co-Applicants will be
referred to as the "Applicants."
At various times in these proceedings, the following Objectors and counsel have appeared: THE AMITY MUTUAL IRRIGATION CO. and DISTRICT 67 IRRIGATION ASSOCIATION by CARL SHINN;
ASCHERMANN, et al. (minority shareholders in the ROCKY FORD DITCH COMPANY) by ROBERT F. T. KRASSA; THE COLORADO CANAL COMPANY, LAKE
