HomeMy WebLinkAbout09.08.92 Approved Augmentation DecreeROBERT DELAN EY
(OF COUNSEL)
KENNETH MALCOMB
JOHN A. THULSON
EDWARD MULHALL, JR.
ROBERT C. CUTTER
SCOTT BALCOMB
LAWRENCE R. GREEN
ROBERT M. NOONE
TIMOTHY A. THULSON
MARGARET O'DONNELL
DELANEY & BALCOMH, P. C.
ATTORNEYS AT LAW
DRAWER 790
GLENWOOD SPBSNOs, COLORADO 61602
September 8, 1992.
Dan Kerst
Basalt Water Conservancy District
302 8th Street, Suite 310
Glenwood Springs, CO 81601
Dear Dan:
818 COLORADO AVENUE
TELEPHONE 949-6546
TELECOPIER 945-8902
RE: 87CW155, Basalt Water Conservancy District
AREA CODE 303
We herewith enclose the final court approved copy of the
augmentation decree in the above - referenced case. This
represents a culmination of much work and is a step we have long
contemplated as being substantially in the District's best
interest.
If you have any questions about the decree, please'contact
us at your convenience.
Very truly yours,
DELANEY ALCOMB, P.C.
By
`'
Scott Balcomb
SB:pc
Encl.
xc: Scott Fifer
DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO
Case No. 87 CW 155
JUDGMENT AND DECREE
CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE BASALT WATER
CONSERVANCY DISTRICT IN GARFIELD, PITKIN AND EAGLE COUNTIES
THIS MATTER, coming before the Court upon the Application for
Alternate Points of Diversion and for Plan for Augmentation
(hereafter, the "Application ") of the Basalt Water Conservancy
District, and the Court having considered the pleadings and
evidence before it, including the Motion for Summary Judgment filed
by the Applicant, hereby renders the following Judgment and Decree:
1. Application. The above - entitled Application was filed on July
7, 1987, in accordance with Article 92 of Chapter 37, Colorado
Revised Statutes, 1973, known as the Water Right Determination and
Administration Act of 1969. The Applicant District was created on
April 24, 1964 by the Garfield County District Court in Civil
Action No. 5593 in order to secure dependable water supplies for
users within the District boundaries. This Application was filed
in order to gain judicial approval of the use of the District's
water rights at various alternate points of diversion within the
District and to augment all out -of- priority depletions at the
subject alternate points of diversion.
2. Jurisdiction. Timely and adequate notice of the Application
has been given in the manner prescribed by law and the Court has
jurisdiction over the subject matter of this proceeding and over
all who have standing to appear as parties, whether they have
appeared or not.
3. Objectors. Timely statements of opposition were filed by the
City of Aspen and the Board of County Commissioners of the County
of Pitkin, State of Colorado ( "Aspen ") ; Snowmass Water & Sanitation
District ( "Snowmass "); Southeastern Colorado Water Conservancy
District ( "Southeastern "); Union Oil Company of California
( "Union "); and the United States of America ( "USA "). No further
statements of opposition have been filed and the time for filing
such statements has expired.
4. Application for Alternate Points of Diversion. The Applicant
is the owner of the Basalt Conduit water right and requests
alternate points of diversion for the Basalt Conduit at the maximum
diversion rates indicated for each structure identified in
Judgment and Decree
Basalt Water Conservancy District
87CW 155
paragraphs 5 and 6A below. The Basalt Conduit is described as
follows:
A. The Name of the Structure for Which Alternate Points of
Diversion are Requested: The Basalt Conduit, decreed in Case No.
W -4613 on June 20, 1958, by the Garfield County District Court
B. The Source of the Water: the Frying Pan River, tributary
to the Roaring Fork River, tributary to the Colorado River.
C. Appropriation Date: July 29, 1957
D. Amount: 450 cfs, conditional
E. Legal Description:
The original point of diversion of the Basalt Conduit, as
decreed in Case No. W -4613, is located on the left side of the
Frying Pan River in the NE 1/4 of the NW 1/4 of unsurveyed Section
18, T. 8 S., R. 84 W. of the 6th P.M. at the head of the outlet
tube for Ruedi Reservoir whence the SW corner of Section 7, T. 8
S., R. 84 W. of the 6th P.M. bears N. 79 °00' W., a distance of
2017.1 feet.
F. Use: Generation of electricity, irrigation, domestic,
municipal, stockwatering, piscatorial and industrial.
5. Alternate Points of Diversion:
A. The proposed alternate points of diversion for the Basalt
Conduit water right are described as follows:
1. Nelson Spring No. 1: Located in the SE 1/4, NE 1/4
of Section 35, T. 7 S., R. 87 W. of the 6th P.M. at a point whence
the E 1/4 corner of Section 35 bears S. 01 °01'00" E. a distance of
873.50 feet.
(a) Previous Decrees: CA 5884
(b) Amount (cfs): 0.018
-2-
Judgment and Decree
Basalt Water Conservancy District
87CW 155.
2. Nelson Spring No. 2: Located in the SE 1/4, NE 1/4
of Section 35, T. 7 S., R. 87 W. of the 6th P.M. at a point whence
the E 1/4 corner of Section 35 bears S. 00 °43'00" E. a distance of
1529.40 feet.
(a) Previous Decrees: CA 5884
(b) Amount (cfs): 0.007
3. Schweppe Well No. 1: Located in the SW 1/4, SW 1/4
of Section 30, T. 7 S., R. 85 W. of the 6th P.M. at a point whence
the SW corner of Section 30 bears S. 86 °36'43" W. a distance of
897.29 feet.
(a) Well Permit: 162387
(b) Previous Decrees: W -3837
(c) Amount (cfs): 0.033
4. Schweppe Well No. 2: Located in the SW 1/4, SW 1/4
of Section 30, T. 7 S., R. 85 W. of the 6th P.M. at a point whence
the SW corner of Section 30 bears S. 65 °40'59" W. a distance of
942.11 feet.
(a) Well Permit: 6053
(b) Previous Decrees: W -3838
(c) Amount (cfs): 0.033
5. Mid Valley Well No. 2: Located in the SW 1/4, SW 1/4
of Section 28, T. 7 S., R. 87 W. of the 6th P.M. at a point whence
the corner of Section 28 bears N. 02 °38'12" E. a distance of
3,779.6 feet.
(a) Well Permit: 25703
(b) Previous Decree: W -1159
(c) Amount (cfs): 0.043
6. Sanders Well No. 1: Located in the NE 1/4, NE 1/4 of
Section 9, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
NE corner of Section 9 bears N. 35 °00'00" E. a distance of 1400.00
feet.
(a) Well Permit: Receipt No. 332570
(b) Amount (cfs): 0.033
-3-
Judgment and Decree
Basalt Water Conservancy District
87CW t 55
7. Sanders Well No. 2: Located in the NE 1/4, NE 1/4 of
Section 9, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
NE corner of Section 9 bears N. 33 °00'00" E. a distance of 1120.00
feet.
(a) Well Permit: Receipt No. 332569
(b) Amount (cfs): 0.033
8. Mid Valley Metropolitan District Well No. 1: Located
in the SE 1/4, SE 1/4 of Section 33, T. 7 S., R. 87 W. of the 6th
P.M. at a point whence the SE corner of Section 33 bears S.
34 °59'31" E. a distance of 1120.656 feet.
(a) Well Permit: 27003- F/32116 -F
(b) Previous Decrees: 85CW591
(c) Amount (cfs): 0.223
9. Mid Valley Metropolitan District Well No. 2: Located
in the SE 1/4, SE 1/4 of Section 33, T. 7 S., R. 87 W. of the 6th
P.M. at a point whence the SE corner of Section 33 bears S.
26 °33'54" E. a distance of 1118.034 feet.
(a) Well Permit: 27004 -F
(b) Previous Decrees: 85CW591
(c) Amount (cfs): 0.891
10. Mid Valley Metropolitan District Well No. 3: Located
in the SE 1 /4, NW 1/4 of Section 11, T. 7 S., R. 87 W. of the 6th
P.M. at a point whence the NW corner of Section 11 bears N.
51 °57'11" W. a distance of 2920.616 feet.
(a) Well Permit: 32117 -F
(b) Previous Decrees: 85CW591
(c) Amount (cfs): 0.558
11. Kelso Ditch: Located in the NW 1/4, SE 1/4 of
Section 27, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
E 1/4 corner of Section 27 bears N. 59 °03'00" E. a distance of
1820.00 feet.
(a) Previous Decrees: CA 4613, W -816, W -1973, 79CW224
(b) Amount (cfs): 1.33
-4-
Judgment and Decree
Basalt Water Conservancy District
87CW155
12. Hose Well: Located in the SW 1/4, SW 1/4 of Section
12, T. 8 S., R. 87 W. of the 6th P.M. at a point whence the SW
corner of Section 12 bears S. 51 °04'20" W. a distance of 1671.08
feet.
(a) Well Permit: 33491 -F
(b) Amount (cfs): 0.033
13. Rancho Los Amigos Well No. 6: Located in the NE
1/4, SE 1/4 of Section 5, T. 7 S., R. 88 W. of the 6th P.M. at a
point whence the NE corner of Section 5 bears N. 10 °17'00" E. a
distance of 2844.00 feet.
(a) Well Permit: 40906 -F
(b) Previous Decrees: W -3893, W -3873
(c) Amount (cfs): 0.67 cfs
14. Taylor Well: Located in the SW 1/4, NW 1/4 of
Section 35, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
SW corner of Section 35 bears S. 20°51'16" W. a distance of 2247.22
feet.
(a) Well Permit: 118540 -A
(b) Amount (cfs): 0.033
15. Red Hill Well #3: Located in the SW 1/4, NW 1/4 of
Section 27, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
NW corner of Section 27 bears N. 30°57'50" W. a distance of 1749.29
feet.
(a) Well Permit: 29358 -F
(b) Amount (cfs): 0.033
16. Delores Well: Located in, the SE 1/4, NW 1/4 of
Section 25, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
SW corner of Section 25 bears S. 30°11'10" W. a distance of 3115.00
feet.
(a) Well Permit: 29708 -F
(b) Amount (cfs) 0.067
-5-
Judgment and Decree
Basalt Water Conservancy District
87CW155
17. Fiou # 1: Located in the NW 1 /4, NE 1/4 of Section
18, T. 8 8., R. 86 W. of the 6th P.M. at a point whence the NE
corner of Section 18 bears N. 51 °09'03" E. a distance of 1847.20
feet.
(a) Well Permit: 29812 -F
(b) Amount (cfs): 0.050
18. Lot C Well: Located in the SE 1/4, SE 1/4 of
Section 35, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
SE corner of Section 35 bears S. 58°51'40" E. a distance of 2804.02
feet.
(a) Well Permit: 30344 -F
(b) Amount (cfs): 0.033
19. Lot AWell: Located in the SW 1/4, SE 1/4 of
Section 35, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the
SE corner of Section 35 bears S. 68°24'17" E. a distance of 2581.18
feet.
(a) Well Permit: 30343 -F
(b) Amount (cfs): 0.033
20. Terliamis Well: Located in the NW 1/4, SE 1/4 of
Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the
SE corner of Section 1 bears S. 35 °09'59" E. a distance of 2691.19
feet.
(a) Well Permit: 33633 -F
(b) Amount (cfs): 0.067
21. Patrick Well: Located in the NE 1/4, SW 1/4 of
Section 2, T. 8 S., R. 87 W. of the 6th P.M. at a point whence the
SW corner of Section 2 bears S. 48'00'00" W. a distance of 2690.72
feet.
(a) Well Permit: 33379 -F
(b) Amount (cfs): 0.033
-6-
Judgment and Decree
Basalt Water Conservancy District
87CW 155
22. Gibbons Well No. 1: Located in the NE 1/4, SE 1/4
of Section 26, T. 8 S., R. 86 W. of the 6th P.M. at a point whence
the SE corner of Section 26 bears S. 05 °25'48" E. a distance of
2641.86 feet.
(a) Well Permit: 31155 -F
(b) Amount (cfs) : 0.033
23. Rudisch Irrigation Well: Located in the NE 1/4, NW
1/4 of Section 15, T. 9 S., R. 85 W. of the 6th P.M. at a point
whence the NW corner of Section 15 bears N. 61 °03'45" W. a distance
of 2376.74 feet.
(a) Well Permit: 31410 -F
(b) Amount (cfs): 0.10
24. Eash Well No. 1 a.k.a CQG Well No. 1: Located in
the SW 1/4, SW 1/4 of Section 6, T. 7 S., R. 88 W. of the 6th P.M.
at a point whence the SW corner of Section 6 bears S. 22 °00'00" W.
a distance of 630.00 feet.
(a) Well Permit: Receipt No. 40831 -F
(b) Amount (cfs): 0.07
25. Millenium Spring: Located in the SE 1/4, SW 1/4 of
Section 4, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
S. 1/4 corner of Section 4 bears S. 73 °08'10" E. a distance of
747.43 feet.
(a) Previous Decrees: W- 375 -76A
(b) Amount (cfs): 0.015
26. Roaring Fk. MHP Well 1: Located in the S 1/2 of
Section 7, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
SE corner of Section 7 bears S. 82 °55'39" E. a distance of 2030.45
feet.
(a) Well Permit: 23542 -RF
(b) Previous Decrees: W -3530
(c) Amount (cfs): 0.022
-7-
Judgment and Decree
Basalt Water Conservancy District
87CW155
27. Fiou -Myers Well No. 2: Located in the S 1/2 of
Section 7, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
S 1/4 corner of Section 7 bears S. 50 °33'30" W. a distance of
847.27 feet.
(a) Well Permit: 40097 -F
(b) Previous Decrees: W -3531
(c) Amount (cfs): 0.022
6. Plan for Augmentation:
A. Depletions to Be Augmented:
Applicant requests approval of a plan for augmentation
including exchange to augment out -of- priority depletions by the
Basalt Conduit at the alternate points of diversion described in
paragraph 5, above, as well as out -of- priority depletions at the
following alternate points of diversion previously decreed for the
Basalt Conduit:
1. Lions Ridge Well No. 2: Located in the NW 1/4, NE
1/4 of Section 31, T. 7 S., R. 87 W. of the 6th P.M. at a point
whence the NW corner of Section 31 bears N. 74 °06'47" W. a distance
of 2805.43 feet.
(a) Well Permit: 24323 -RF
(b) Previous Decrees: 79CW36, 79CW199, 82CW447
(c) Amount (af): 0.676
2. Alternate Div. #1: Located in the SE 1/4 of Section
35, T. 6 5., R. 89 W. of the 6th P.M. at a point whence the SE
corner of Section 35 bears S. 60 °43'00" E. a distance of 3224.10
feet.
(a) Previous Decrees: 80CW270
(b) Amount (af): 0.669
Judgment and Decree
Basalt Water Conservancy District
87CW155
3. Heuschkel Well No. 1A: Located in the SE 1/4, SE 1/4
of Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence
the SE corner of Section 1 bears S. 43 °24'32" E. a distance of
1273.28 feet.
(a) Well Permit: Receipt No. 40622 -F
(b) Previous Decrees: 80CW256
(c) Amount (af): 0.889
4. Heuschkel Well No. 2: Located in the SW 1/4, SE 1/4
of Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence
the SE corner of Section 1 bears S. 64 °17'24" E. a distance of
1498.33 feet.
(a) Well Permit: Receipt No. 40623 -F
(b) Previous Decrees: 80CW256
(c) Amount (af): 0.889
5. Favre Well No. 1: Located in the SE 1/4, SW 1/4 of
Section 2, T. 8 S., R. 87 W. of the 6th P.M. at a point whence the
SW corner of Section 2 bears S. 74 °30'00" W. a distance of 2320.00
feet.
(a) Well Permit: 26676 -F
(b) Previous Decrees: 83CW23, CA 5884
(c) Amount (af): 0.710
6. Krausch Subdivision Well No. 1: Located in the SW
1/4, SE 1/4 of Section 27, T. 7 S., R. 88 W. of the 6th P.M. at a
point whence the NE corner of Section 27 bears N. 21 °48'06" E. a
distance of 4308.13 feet.
(a) Well Permit: Denial No. 12220
(b) Previous Decrees: 90CW065
(b) Amount (af): 1.128
7. Holy Cross Well: Located in the SE 1/4, NE 1/4 of
Section 27, T. 6 S., R. 89 W. of the 6th P.M. at a point whence the
E. 1/4 corner of Section 27 bears S. 13 °49'22" E. a distance of
544.20 feet.
(a) Well Permit: 27744 -F
(b) Previous Decrees: 81CW253
(c) Amount (af): 1.907
-9-
Judgment and Decree
Basalt Water Conservancy District
87CW 155
8. Well No. 1 Mate: Located in the NW 1/4, NW 1/4 of
Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the
NW corner of Section 1 bears N. 80 °18'40" W. a distance of 2079.66
feet.
(a) Well Permit: 26675 -F
(b) Previous Decrees: 83CW22
(c) Amount (af): 0.141
9. Lazy Glen Well: Located in the NW 1/4, SE 1/4 of
Section 21, T. 8 S., R. 86 W. of the 6th P.M. at a point whence the
SE corner of Section 21 bears S. 45°00'00" E. a distance of 1979.90
feet.
(a) Well Permit: 40382 -F
(b) Previous Decrees: 81CW139
(c) Amount (af): 9.759
10. Mike's Well: Located in the NE 1/4, NW 1/4 of
Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the
NW corner of Section 1 bears N. 77 °24'50" W. a distance of 1629.15
feet.
(a) Well Permit: 33734 -F
(b) Previous Decrees: 84CW198
(c) Amount (af): 1.669
11. Hopkins Spring #1: Located in the SW 1/4, NW 1/4 of
Section 22, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
SW corner of Section 22 bears S. 15°24'00"W. a distance of 3055.92
feet.
12. Hopkins Spring #2: Located in the NE 1/4, SW 1/4 of
Section 22, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
SW corner of Section 22 bears S. 49°36'00" W. a distance of 3159.58
feet.
13. Spring Valley Well No. 1: Located in the SW 1/4, NE
1/4 of Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a point
whence the NE corner of Section 29 bears N. 45°00'00" E. a distance
of 2800.00 feet.
-10-
Judgment and Decree
Basalt Water Conservancy District
87CW155
14. Spring Valley Ranch Well No. 2: Located in the SW
1/4, NE 1/4 of Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a
point whence the NE corner of Section 29 bears N. 51 °30'00" E. a
distance of 2050.00 feet.
15. Spring Valley Ranch Well No. 3: Located in the SE
1/4, NW 1/4 of Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a
point whence the NW corner of Section 29 bears N. 60 °01'06" W. a
distance of 3001.67 feet.
16. S V H Well No. 5: Located in the SW 1/4, NE 1/4 of
Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NE corner of Section 29 bears N. 43 °09'09" E. a distance of 2193.17
feet.
17. S V H Well No. 6: Located in the SW 1/4, NE 1/4 of
Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NE corner of Section 29 bears N. 47 °29'22" E. a distance of 3255.76
feet.
18. S V H Well No. 7: Located in the NE 1/4, NE 1/4 of
Section 29, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NE corner of Section 29 bears N. 56°18'36" E. a distance of 1442.22
feet.
19. S V H Well No. 8: Located in the NW 1/4, NW 1/4 of
Section 27, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NW corner of Section 27 bears N. 41°11'09" W. a distance of 1063.02
feet.
20. S V H Well No. 9: Located in the NW 1/4, NW 1/4 of
Section 27, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NW corner of Section 27 bears N. 43 °40'04 W. a distance of 1520.69
feet.
21. S V H Well No. 10: Located in the SE 1/4, NW 1/4 of
Section 27, T. 6 S., R. 88 W. of the 6th P.M. at a point whence the
NW corner of Section 27 bears N. 44 °05'26" W. a distance of 2227.67
feet.
The foregoing structures described in paragraphs 11-21 above
were decreed in Case No. 84CW212 for a cumulative amount of 135.135
af. The structures described in paragraphs 13 -21, above, were
denied well permits by the State Engineer and assigned Denial Nos.
AD -12721 through 12729, inclusive.
Judgment and Decree
Basalt Water Conservancy District
87CW155
22. JIue Mart Well: Located in the SE 1/4, NE 1/4 of
Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the
NE corner of Section bears N. 17 °16'06" E. a.distance of 1752.46
feet.
(a)
(b)
(c)
Well Permit: 28952 -F
Previous Decrees: 85CW274
Amount (af): 0.673
23. Stauffer Well: Located in the NE 1/4, SE 1/4 of
Section 1, T. 7 S., R. 89 W. of the 6th P.M. at a point whence the
E. 1/4 corner of Section 1 bears. N. 78 °30'00" E. a distance of
298.00 feet.
(a) Well Permit: 28619 -F
(b) Previous Decrees: 84CW667
(c) Amount (af): 0.016
B. Water Use Requirement. Applicant's maximum annual water
requirement to meet its service obligation to its users at the
alternate points of diversion described herein is 1,621 af. The
individual water requirement for each user is described in Exhibit
At attached hereto. Applicant's maximum instantaneous direct flow
demand is 13.34 cfs and is described by structure in Exhibit B,
attached hereto. The use of the individual structures described in
paragraphs 5 and 6A above will be limited to the amounts and uses
described in Appendix 1, attached. In the event of any change in
type or manner of use of a well, the user shall report such change
to the Applicant in order that the corresponding augmentation
requirement may be modified accordingly.
C. Consumptive Use. The total annual consumptive use
associated with the diversions at the alternate points of diversion
described herein is 392 af. The consumptive use associated with
each alternate point of diversion is described in Exhibit C,
attached hereto.
D. Delayed Stream Depletion. The amount of stream depletion
will be calculated using delayed depletion factors and delayed
return flow factors based on a Glover analysis of well diversions.
The wells are grouped in seven separate categories based on
location and aquifer characteristics. A list of the well groupings
is shown in Exhibits D -1, D -2 and D -3, attached. The monthly
diversion rates used in the Glover analysis for each well group are
shown in Exhibit E, attached. The monthly depletion factors and
delayed return flow factors for each well group are shown in
Exhibit F.
-12-
Judgment and Decree
Basalt Water Conservancy District
87CW155
The Glover analysis was conducted using estimated diversion
rates which were based on commonly accepted engineering practices
and are believed to be reasonable. The aquifer characteristics
used in the Glover analysis were based on well log information and
best engineering judgment. The values used are believed to be
conservative and any difference between assumed and real values
will result in only insignificant changes in the depletion factors.
E. Accounting. Each well described in paragraphs 5 and 6A
above shall be equipped with a totalizing flow meter to measure
diversions. Each surface diversion shall be equipped with an
appropriate measuring device approved by the Division Engineer.
The Applicant shall account for diversions through each structure
on a monthly basis to be reported to the Division 5 Engineer
annually on or before November 15, utilizing the form attached
hereto as Exhibit H -1 or such other form as the Division Engineer
may reasonably require. For the first year of the plan, delayed
stream depletions will be based on full development diversions as
shown in Appendix 1. For each succeeding year the delayed stream
depletions from well diversions will be calculated for each
structure using the previous year's annual diversion multiplied by
the monthly depletion factors from Exhibit F, attached..
Annual return flows for each well will be calculated using the
previous year's annual diversion multiplied by the return flow
factors from Exhibit G, attached. Separate return flow factors are
provided for (1) waste water treatment plant (WWTP), (2) septic
tank /leach field system and (3) irrigation. Monthly distribution
of return flow will be calculated as follows:
1. Return flows from waste water treatment plants will
be returned to the stream in the same month as diversions;
2. Return flows from septic tanks /leachfields will be
calculated by multiplying the annual return flow by the monthly
depletion factors from Exhibit F, attached;
3. Irrigation return flows will be calculated by
multiplying the annual return flow by the monthly depletion factors
from Exhibit F, attached.
Total monthly steam depletion will be calculated by
subtracting return flows from depletions on Exhibit H -2.
The monthly augmentation schedule for the upcoming year will
be presented in Exhibit H -3 and will summarize the monthly stream
-13-
Judgment and Decree
Basalt Water Conservancy District
87CW155
depletions for each structure. The Division Engineer shall rely on
stream flow measurement at the existing gauge on the Frying Pan
River immediately downstream from the Ruedi Reservoir Dam near the
decreed location of the Basalt Conduit to verify that the water
diverted at the alternate points of diversion described in
paragraph 5 and 6A above is available in priority at the Basalt
Conduit, or alternatively, if not available, to order that
augmentation releases be made from Ruedi Reservoir.
F. Water Rights to be Used for Augmentation. Applicant
intends to divert water to supply the needs of its water allotment
contractees pursuant to the decree for the Basalt Conduit,
described above. Augmentation replacements shall be required
whenever there is insufficient water available in priority to the
Basalt Conduit at the originally decreed point of diversion. To
augment the out -of- priority depletions associated with the use of
the Basalt Conduit water right at the alternate points of diversion
described herein, the Applicant proposes to utilize the following
water right:
Name: Ruedi Reservoir
Previous Decree: Case No. 4613 entered June 20, 1958 in
Garfield County District Court
Location: Ruedi Reservoir is located in parts of Secs.
7, 8, 9, 11, 14, 15, 16, 17 and 18, T. 8 S., R. 84 W. of the 6th
P.M. in Pitkin and Eagle Counties. The dam thereof is located in
the NW 1/4 of Sec. 18, T. 8 S., R. 84 W., 6th P.M., its exact
location being described as follows:
The initial point of survey of said dam is on the right
abutment thereof at a point whence the SW corner of Sec. 7, T. 8
S., R. 84 W., 6th P.M. bears N. 68 °58' at a distance of 1126 feet.
Source: Frying Pan River
Use: The generation of electricity, irrigation,
domestic, municipal, stock watering, piscatorial and industrial
Pursuant to the terms of its contract with the U.S.
Bureau of Reclamation dated May 13, 1982, Applicant is entitled to
the release of up to 500 af annually from Ruedi Reservoir.
Applicant has pending a request for an additional 3,000 af of
storage water from Ruedi Reservoir.
-14-
Judgment and Decree
Basalt Water Conservancy District
87CW155
The precise timing of augmentation releases shall be subject
to administration by the Division Engineer for Water Division No.
5. The applicant shall arrange for the release of Ruedi Reservoir
water on at least a monthly basis to replace any out -of- priority
depletions from the structures covered by this plan.
G. Priority Date. Applicant seeks a July 7, 1989 priority
date in connection with subject plan for augmentation and exchange.
A. Approval. Since the operation of the subject plan for
augmentation including exchange provides for the replacement of all
out -of- priority depletions, the Court finds that there will be no
injury to any vested water rights or decreed conditional water
rights by operation of the subject plan for augmentation.
Accordingly, the Court finds that the plan for augmentation
including exchange as described herein should be approved;
provided, however, that this shall not limit the Court in making
any subsequent revisions pursuant to paragraph 10, below.
7. Depletion and Return Flow Factors: For each new well drilled
under this plan, the applicant shall provide a copy of the well
drilling log and pumping test results to the Division Engineer with
the annual report required by this decree. The Court retains
jurisdiction to adjust the depletion and return flow factors in
Exhibit F, and the boundaries of the well groups in that exhibit,
based upon the well . logs and pumping tests of such newly drilled
wells.
8. Stipulations:
A. In settlement of the objections of the City of Aspen and
Pitkin County, and in consideration for the withdrawal of their
statements of opposition, Applicant agrees as follows:
1. Use of the Basalt Conduit shall be subject to the
Operating Principles for the Frying Pan - Arkansas Project, and
2. Use of the Basalt Conduit shall be subject to the
terms of the Stipulation entered into between Applicant and Pitkin
County in Case No. 81 CW 253, Water Division No. 5.
B. In settlement of the objections of the Snowmass Water and
Sanitation District and in consideration for the withdrawal of its
statement of opposition, Applicant agrees that all water service
provided by Applicant shall be limited to the amount of water
available in priority at the original point of diversion for the
Basalt Conduit, as conditionally decreed in Civil Action No. 4613,
-15-
Judgment and Decree
Basalt Water Conservancy District
67CW155
Garfield County District Court on August 3, 1959, and Applicant may
not call on any greater amount at the new point of diversion.
Applicant shall request the State Engineer to estimate any
conveyance losses between this original point and any alternate
point and such estimate shall be deducted from this amount in each.
case. Applicant may call on any additional sources of supply that
may be available at an alternate point of diversion, but not at the
original point of diversion, only as against water rights which are
junior to the date of application for the alternate point of
diversion.
C. In settlement of the objections of the United States of
America and in consideration for the withdrawal of its statement of
opposition, Applicant agrees that the Nelson Spring Nos. 1 and 2,
identified in paragraphs 5.A.1. and 2 above are junior in priority
to any water right decreed to the United States for the Favre
Spring for .007 cfs or less with an April 17, 1926 appropriation
date.
9. Well Permits. The State Engineer, having denied applications
for well permits for the Krausch Subdivision Well No. 1, the Spring
Valley Ranch Wells numbered 1 -3 and the SVH wells numbered 5 -10, is
hereby directed to review and approve any future applications for
said wells which are submitted in compliance with the terms and
conditions of this decree and § 37- 90- 137(2), C.R.S. 1973 (1990
Repl. Vol.).
10. Retained Jurisdiction: This Court shall retain jurisdiction
over this case pursuant to § 37- 92- 304(6), C.R.S 1973 (1990 Repl.
Vol.), for reconsideration of injury to the vested rights of others
for a period of three years from the date 100% of the wells
described in paragraphs 5 and 6A, above, are either applied to
beneficial use as claimed herein or abandoned. Any party desiring
the Court to reconsider the question of injury must file a verified
petition setting forth the facts that cause such injury and the
claimed injury.
It is therefore ORDERED, ADJUDGED and DECREED by the Court
that (i) the application for alternate points of diversion for the
Basalt Conduit, more particularly described in paragraphs 4 and 5
above, is hereby granted with diversions at the alternate points
having a June 20, 1958 priority date; and (ii) the plan for
augmentation described in paragraph 6, above, is approved.
It is accordingly ORDERED that this Judgment and Decree shall
be filed with the Water Clerk and shall become effective as the
Court's final Judgment and Decree in this case upon such filing,
-16-
Judgment and Decree
Basalt Water Conservancy District
87CW155
subject only to the Court's retained jurisdiction as provided
herein.
It is further ORDERED that a copy of this judgment and decree
shall be filed with the appropriate Division Engineer and the State
Engineer.
Dated this
Copy of the foregoing mailed to all
Counsel of record `� Watt
Clef a —Div. Engineer—and _ l
State gineer =t) -a•_ q%✓
Dopuly C riJA r NO.5
day of ;/Grp., -�.,� , 1992.
-17-
HY THE COURT:
Thomas W. Osso1a -
Water Judge, Water Division 5