HomeMy WebLinkAbout3.0 Application for Change of Water Rights & Approval of Plan for Augmentation 05.31.1983DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
Case No. 83 -CW- )3(
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APPLICATION FOR CHANGE OF WATER RIGHTS AND FOR APPROVAL OF
PLAN FOR AUGMENTATION
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF RIFLE
LAND ASSOCIATES, LTD. IN GARFIELD COUNTY
1. Name, Address, and Telephone Number of Applicant:
Rifle Land Associates, Ltd.
718 Seventeenth Street, #2000
Denver, Colorado 80202
303-292-1350
2. Name of the Structures to be Augmented:
A. Last Chance Ditch, the headgate of which is
located on the South bank of the Colorado River in Section
10, T6S, R92W, 6th P.M., in Garfield County.
B. Industrial Park Well No. 1, to be located in
the NW1/4 NW1/4 Section 18, T6S, R92W, 6th P.M., 1330 feet
from the North Section line and 290.6 feet from the West
Section line in -Garfield County.
C. Industrial Park Well No. 2, to be located in
the NW1/4 NW1/4 Section 18, T6S, R92W, 6th P.M., 1330 feet
from the North Section line and 440.6 feet from the West
Section line in Garfield County.
D. City of Rifle Intake Facilities, as follows:
1) City of Rifle Colorado River Intake,
located at a point on the North bank of the Colorado
River at a point whence the Northeast Corner of
Section 15, T6S, R93W, 6th P.M. bears N 48°48'52" E a
distance of 2,132.13 feet in Garfield County.
2) City of Rifle Beaver Creek Intake, located
at NW1/4 SE1/4 Section 36, T6S, R94W, 6th P.M. at a
point whence the Southeast Corner of said Section 36
bears S 49028' E a distance of 2,209.0 feet in
Garfield County.
3. Water rights to be used for augmentation:
A. The following water right decreed to the Last
Chance Ditch, the headgate of which is described in
paragraph 2.A. above:
1) 3.6 cfs of 50 cfs decreed for irrigation
and domestic use from the Colorado River, Priority No.
73 in former Water District No. 45; date of appropria-
tion: March 23, 1887; date of adjudication: May 5,
1888, in Civil Action No. 89 in the District Court in
and for Garfield County. The Applicant is the owner
of 200 shares of a total of 2,724 outstanding shares
of the common stock of the Loesch and Crann Ditch
Company, a Colorado mutual ditch company, which owns
the water right decreed to the Last Chance Ditch.
Applicant's share ownership represents a right to 3.6
cfs of the total 50 cfs decreed.
B. The following water rights decreed to L&C
Ditch, the headgate of which is located on the East bank of
Beaver Creek in Section 36, T7S, R94W, 6th P.M., in Garfield
County:
1) 10 cfs of 14.2 cfs decreed for irrigation
use from Beaver Creek, Priority 112 in former Water
District No. 45; date of appropriation: May 16, 1892;
date of adjudication: April 8, 1893, in Civil Action
52-0, in the District Court in and for Garfield County.
C. The following water rights originally decreed
to the Enterprise Ditch which were transferred to the head -
gate of the Rainbow Ditch, the headgate of which is located
on the West bank of Mamm Creek at a point whence the
Northwest Corner of Section 29, T6S, R92W, 6th P.M. bears
58°40'40" W a distance of 2,768.48 feet in Garfield County;
Case No. 80 -CW -275, Water Division No. 5.
1) An undivided one-third interest in 43.5
cfs originally decreed to the Enterprise Ditch for
irrigation use from Mamm Creek, Priority No. 111 in
former Water District No. 45; date of appropriation:
July 1, 1891; date of adjudication: April 8, 1893, (40
cfs) Civil Action No. 520, and April 22, 1907, (3.5
cfs) Civil Action No. 1232 in the District Court in
and for Garfield County.
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D. The following water right decreed to the
Rainbow Ditch, the headgate of which is described in
paragraph 3.C. above:
1) 9.92 cfs decreed for irrigation, munici-
pal, commercial, industrial, and all other beneficial
purposes from Mamm Creek; date of appropriation: 1967;
date of adjudication: November 18, 1981, in Case No.
80 -CW -275, Water Division No. 5.
E. The following water rights decreed for storage
in Vaughn Reservoir, being Reservoir No. 2, the dam of which
is located in the W1/2 NE1/4 Section 25, T6S, R93W, 6th
P.M., in Garfield County:
1) 160.7 acre-feet, absolute, for irrigation
and domestic use from Beaver and Mamm Creeks diverted
through the L&C and Enterprise Ditches, the headgates
of which are described in paragraphs 3.B. and 3.C.
above; date of appropriation: March 14, 1892; date of
adjudication: April 8, 1893, in Civil Action No. 520
in the District Court in and for Garfield County.
F. 10 acre-feet of water decreed for storage in
Reudi Reservoir under a decree entered in Civil Action No.
4613, District Court in and for Garfield County, and Case
No. W-789-76, Water Division No. 5. Reudi Reservoir is
located in Sections 7, 8, 9, 11, and 14 through 18, T8S,
R84W, 6th P.M., in Eagle and Pitkin Counties. Applicant
will apply for a contract for such water from the West
Divide Water Conservancy which has a contract with the
United States Bureau of Reclamation for the release of water
from Reudi Reservoir.
4. Statement of Plan for Augmentation, including change
of water rights, covering all applicable matters under
C.R.S. 1973, S37-92-103(9), 302(1) and 305(8):
A. Changes of water rights:
1) Name, address, and telephone number of
Applicant:
See paragraph 1 above.
2) Name of structures:
a. Last Chance Ditch
b. L&C Ditch
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c. Enterprise Ditch
d. Rainbow Ditch
e. Vaughn Reservoir
3) From Previous Decrees: See paragraphs
3.A., 3.B., 3.C., 3.D., and 3.E. for the dates
entered, case numbers, and court, the points of diver-
sion and place of storage, the appropriation dates and
amounts, and uses.
4) Proposed changes:
a. Applicant requests the right to change
the direct -flow water rights described in paragraphs
3.A., 3.B., 3.C., and 3.D. above to storage in the
Vaughn Reservoir.
b. Applicant requests the right to change
the use of the water rights described in paragraphs
3.A., 3.B., and 3.E. above from irrigation and
domestic use to domestic, municipal, industrial,
commercial, irrigation, augmentation and replacement
use.
c. Applicant requests approval for an
alternate point of diversion of the direct -flow water
rights described in paragraphs 3.A., 3.B., 3.C., and
3.D. from the decreed points of diversion to
Industrial Park wells 1 and 2 described in paragraphs
2.B. and 2.C. above.
d. Applicant requests approval for an
altersiate point of diversion Eor the direct -flow water
rights descried in paragraphs 3.A., 3.B., 3.C., and
3.D. from the decreed points of diversion to the City
of Rifle Intake Facilities described in paragraph 2.D.
above.
e. Proposed plan for operation: Applicant
proposes to divert water to storage in Vaughn
Reservoir, at such times as there is no call on the
Colorado River, up to the amount of water decreed to
the above-described direct flow water rights. As a
term and condition to these changes, Applicant pro-
poses that at such times as there are water rights
calling for water from the Colorado River which are
senior to the date of the filing of this application,
the Applicant will limit such diversions to storage to
the amount historically consumed by said water rights.
f. In addition to the changes requested
above, Applicant also requests the right to change the
direct -flow water rights described in paragraphs 3.A.,
3.B., 3.C., and 3.D., to allow such rights to be by-
passed at their respective decreed points of diversion
for use as replacement water to offset out -of -priority
diversions pursuant to the plan for augmentation
described herein.
8. Out -of -Priority Diversions:
1) By this application, Applicant seeks the
right to divert water for domestic, municipal,
industrial, commercial, and irrigation use, at the
structure described in paragraph 2.A. (the Last Chance
Ditch) at a rate up to 3.6 cfs without regard to the
historic use of the water right owned by Applicant and
decreed for diversion at that structure.
2) In addition, Applicant seeks the right to
divert water for domestic, municipal, industrial,
commercial, and irrigation use at the structures
described in paragraphs 2.8. (Industrial Park Well No.
1) and 2.C. (Industrial Park Well No. 2) at a rate up
to 1,000 gpm per well at such times as water of
necessary quantity or quality cannot be diverted
through the Last Chance Ditch or the City of Rifle
Intake Facilities due to construction, breakdowns,
etc.
3) By this application, Applicant also seeks
the eight to divert water for domestic, municipal,
industrial, commercial, and irrigation use at the
structures described in paragraph 2.D. (City of Rifle
Intake Facilities) at a rate up to 3.6 cfs.
C. Water Diversion Requirements and Depletions
from_Applicant's Use of Water:
1) The Applicant plans to develop the
Garfield County Airport Planned Unit Development
("development") on a 1,400 -acre parcel owned by
Applicant near the Garfield County Regional Airport in
all or parts of Sections 13, 14, 23, 24, 25, R93W,
T6S, 6th P.M., and sections 18 and 19, R92W, T6S, 6th
P.M., Garfield County. It is planned that the
development will include residential, commercial,
light industrial, and recreational areas that will be
developed in increments over the next 10 to 15 years
with a projected population of 7,000 persons at full
development.
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2) During the initial stages, the development
will be served by water rights decreed to the Crann
Pipeline for municipal use in an amount of 0.416 cfs.
As development proceeds, it is anticipated that this
water right will no longer be sufficient and Applicant
seeks to provide a water supply for the development
pursuant to this plan for augmentation.
3) It is planned that the development, when
completed, will consist of approximately 620 single-
family dwellings, approximately 1,080 multi -family
units, approximately 300 mobile homes, approximately
1,300,000 square feet of commercial space, and an
industrial development which will employ about 1,200
persons. In addition, it is possible that a recrea-
tional vehicle camp, public school, community park and
other public facilities will be constructed.
4) The average annual diversion requirement
for all planned or potential uses within the develop-
ment will be approximately 1,258.8 acre-feet per year,
calculated on the following basis:
a. For in-house use in the single-family
residences, the multi -family units, and the mobile
homes, an average daily use per person of 80 gallons
for year-round occupancy by an average of 3.5 persons
per single-family residence and 3 persons per multi-
family unit and mobile home.
b. For in -building use in commercial
areas, a -n average daily use of 12 gallons per 10'
square feet of floor space daily.]
c. For inn -building use in industr
areas, an average daily use of 30 gallons per /'L);/�(1
employee.
d. For in -building use at the sc..
average daily use of 20 gallons per student for s_
days per week for a school year of September 1 throuy
May 31.
e. For water use at the recreational
vehicle camp, community park and other public
facilities, an equivalent of 410 single-family
dwelling units with an average of 3.5 persons per
residence.
f. For irrigation of lawns, parks, and
gardens, a maximum of 3,000 square feet per single-
family residence, 500 square feet per multi -family
unit, 1,000 square feet per mobile home, and a total
of 53 acres of lawns, parks, and gardens for the
commercial, industrial, school, recreational vehicle
camp, community park and other public areas, with an
average of 2.18 acre-feet of consumptive use per acre
during an irrigation season that extends from May 1
through September 30.
5) Sewage from in-house and in -building use
will be treated in a non -evaporative wastewater treat-
ment facility constructed to discharge back to the
Colorado River system.
6) It is estimated that 95% of the water
diverted for in-house and in -building use will be
returned to the Colorado River system after use. The
resulting total in-house, in -building consumptive use
is estimated to be 46.1 acre-feet per year.
7) The consumptive use resulting from
irrigation of lawns, parks, and gardens is estimated
to be 274.6 acre-feet per year.
8) Therefore, based on the foregoing
estimates of consumptive use, the total depletions
resulting from the development will be 320.7 acre-feet
per year at full development.
D. Replacement water:
1) Applicant proposes to provide replacement
water necessary to meet the lawful requirements of
senior diverters, to the extent such seniors would be
deprived of water by the proposed out -of -priority
diversions, as follows:
a. During the months of November to
March, water stored in either Vaughn Reservoir or
Reudi Reservoir will be released to the Colorado River
at such times as there is a call on the Colorado River
senior to the date of the filing of this application
in an amount equal to 5% of the Applicant's out -of -
priority diversions, plus an appropriate stream
carriage loss to the point where the Applicant's
out -of -priority diversions are occurring.
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b. During the months of April to October,
water which Applicant has a right to divert under the
water rights described in paragraphs 3.A. -3.D. above
will be by-passed at the headgates of the Rainbow
Ditch, the L&C Ditch, or the Last Chance Ditch at such
times as there is a call on the Colorado River senior
to the date of the filing of this application in an
amount equal to the consumptive use resulting from the
Applicant's out -of -priority diversions. In measuring
the amount of replacement water so by-passed at the
headgates of said ditches, Applicant will establish a
percentage for each of its water rights which repre-
sents the percentage of historical consumptive use to
the headgate diversions and will take credit only for
the amount which the percentage bears to the total
amount so by-passed.
3) Based upon an engineering study prepared
for Applicant, the average historical consumptive use
of Applicant's water rights to be used for augmenta-
tion, excluding 10 acre-feet from Reudi Reservoir,
totalled 346.3 acre-feet per year from the irrigation
of 272.3 acres of land historically irrigated during
an irrigation season which lasted from mid-April to
early October.
4) At full development the total consumptive
use during the months April to October will be 290.34
acre-feet. Therefore, based upon an average
historical consumptive use of 346.3 acre -Feet per year
from Applicant's water rights to be used for augmen-
tation, excluding water released from Reudi Reservoir,
Applicant will by-pass at full development a maximum
of 290.34 acre-feet during the months April to October
and may store the excess, a minimum of 55.96 acre-
feet, in Vaughn Reservoir to the extent of available
storage space for release during the months of
November through March.
5) Pursuant to this plan for augmentation,
Applicant should have available more replacement water
than necessary to meet the lawful requirements of
senior diverters, to the extent such seniors would be
deprived of water by the proposed out -of -priority
diversions. To the extent that Applicant has excess
water available, Applicant intends to dispose of such
excess water or use such water for other uses, and
requests a finding that Applicant has not abandoned
its water rights with respect to such excess water.
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6) To assure the operation of this plan for
augmentation, Applicant will install and maintain such
water measuring devices and implement such accounting
procedures as may be required to verify that the
amount of replacement water provided for herein equals
or exceeds the out -of -priority depletions.
DATED, this 27th day of May, 1983.
Respectfully submitted,
Name and Address of
Applicant:
Rifle Land Associates, Ltd.
718 Seventeenth Street, #2000
Denver, Colorado 80202
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DAVID W. ROBBINS, #6112
DENNIS M. MONTGOMERY, #6424
1441 Eighteenth Street
Suite 100
Denver, Colorado 80202
303-296-8100
Attorneys for Applicant
VERIFICATION
STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER
Mr. Duane D. Helton, being first duly sworn, upon
oath, deposes and says that he has read the foregoing appli-
cation, knows the contents thereof, and that the same are
true to the best of his knowledge and belief.
Duane D.
Affiant
Azg,
Helton
Subscribed and sworn to before me this 27th day of
May, 1983. My Commission expires: October 7, 1986
1441 18th St Suite 100
My commission expires Denver, CO 80202
&Yr
Notary Public
1441- 18th St., #100
Denver, Colorado 80202
303-296-8100
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