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The Water Course Water Law & Administration January 19, 2009

The Water Course Water Law & Administration January 19, 2009. Kyle Whitaker Division of Water Resources Assistant Division Engineer, Water Division No. 5 (970) 945-5665, kyle.whitaker@state.co.us. The Hydrologic Cycle. 19 States & Mexico Rely on Colorado Water. 334,400. 54,760. 85,540.

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The Water Course Water Law & Administration January 19, 2009

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  1. The Water Course Water Law & Administration January 19, 2009 Kyle Whitaker Division of Water Resources Assistant Division Engineer, Water Division No. 5 (970) 945-5665, kyle.whitaker@state.co.us

  2. The Hydrologic Cycle

  3. 19 States & Mexico Rely on Colorado Water

  4. 334,400 54,760 85,540 af af BLUE EAGLE At Benkelman, NE ROARING FORK 2,799,000 WEST TOWARD PACIFIC OCEAN 9,189,550 EAST TOWARD ATLANTIC OCEAN 1,050,900 279,700 505,600 TOMICHI SOUTH FORK SAN JUAN - CHAMA 94,180 TOTAL LEAVING COLORADO 10,240,450 af COLORADO HISTORICAL AVERAGE ANNUAL STREAM FLOWS 403,400 (acre feet) 311,100 111,800 414,300 404,600 LITTLE SNAKE 265,800 LARAMIE 99,500 ELK NO. PLATTE 1,127,000 875,600 1,531,000 YAMPA CACHE LA POUDRE 634,500 158,800 6 6 SOUTH PLATTE ST. VRAIN 45,590 476,300 31,680 WHITE 404,400 229,200 NORTH FORK BOULDER REPUBLICAN 204,400 555,200 27,700 329,200 PICEANCE 50,050 185,200 1 1 33,760 413,200 28,750 BEAR 270,500 5 5 SOUTH FORK REPUBLICAN NO. FORK 879,800 126,800 COLORADO 58,146 88,051 63,038 4,500,000 NO. FORK 330,500 547,300 1,872,000 943,000 FOUNTAIN 2 2 69,750 528,200 699,200 219,800 GUNNISON 125,100 DOLORES ARKANSAS 89,820 172,000 164,200 GRAPE 4 4 UNCOMPAHGRE 3 3 26,930 SAN MIGUEL 24,933 394,300 HUERFANO 18,970 653,300 47,020 153,000 APISHAPA 96,300 313,200 PURGATOIRE RIO GRANDE 7 7 152,600 593,600 McELMO 291,200 37,100 PIEDRA 49,640 31,890 ANIMAS & FLORIDA CONEJOS LOS PINOS LA PLATA 322,100 MANCOS SAN JUAN 235,800 268,600 25,580 36,890 446,900 173,700 670,100 + 291,200 Prepared by the Hydrographic Branch (2003 Revision) OFFICE OF THE STATE ENGINEER Historic averages obtained from USGS Water Data Report CO - - COLORADO DIVISION OF WATER RESOURCES

  5. Water Deliveries in Colorado • Agriculture 86% • Municipal/Domestic 7% • Recreation/Fisheries 3% • Industrial/Commercial 2% • Augmentation 1% • Recharge 1%

  6. Office of the State EngineerDivision of Water Resources

  7. Department of Natural Resources Agencies • Water Resources • Wildlife • Oil and Gas Conservation Commission • Geological Survey • Forestry • Water Conservation Board • State Parks • Reclamation, Mining, and Safety • State Land Board

  8. Division of Water Resources Responsibilities • Water Administration • Public Safety • Ground Water Permitting • Interstate Compacts • Hydrographic Program • Public Information Services • Additional Program Activities

  9. Key Statutes DWR Operates Under Title 37, Article 92 Water Rights Determination and Administration (Water Courts, Water Right Decree Process, Substitute Water Supply Plans, Tabulation, Administration, Exempt Well Permitting) Title 37, Article 90 Well Permitting Title 37, Article 80 State Engineer Authority and Responsibilities Title 37, Article 84 Responsibility of User of Water for Maintenance of Diversion Structures, Ditches and Measuring Flumes Title 37, Article 87 Review of Plans and Specifications for Reservoir and Determination of Safe Storage Levels

  10. Prior AppropriationThe Colorado Doctrine Green Mountain Reservoir

  11. Grand Creek

  12. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861

  13. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862

  14. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862 Max’s Power Plant 5.0 c.f.s Industrial 1865

  15. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862 Fruit Town 0.5 c.f.s. Municipal 1868 Max’s Power Plant 5.0 c.f.s Industrial 1865

  16. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862 Hannah’s Brewery .033 c.f.s. Entertainment 1869 Fruit Town 0.5 c.f.s. Municipal 1868 Max’s Power Plant 5.0 c.f.s Industrial 1865

  17. ____ ____ Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862 Hannah’s Brewery .033 c.f.s. Entertainment 1869 Fruit Town 0.5 c.f.s. Municipal 1868 Max’s Power Plant 5.0 c.f.s Industrial 1865

  18. ____ ____ 1st 2nd Mark’s Gold Mine 2.0 c.f.s. Mining and Milling 1861 Mesa Town 1.0 c.f.s. Municipal 1862 5th 4th Hannah’s Brewery .033 c.f.s. Entertainment 1869 Fruit Town 0.5 c.f.s. Municipal 1868 Max’s Power Plant 5.0 c.f.s Industrial 1865 3rd

  19. Water Administration

  20. Water Commissioner Responsibilities • Day to Day Administration • Setting the Call Based on Supply and Demand • Assuring Diversions In Priority For Decreed Uses Without Waste • Delivery of Reservoir Releases and Other Water After Assessing Transit Losses • Assuring Diversions Are Measured • Assuring Other Decree Conditions in Augmentation and Change Cases Are Complied With • Review of Accounting and Maintenance of Diversion Records

  21. Statutory Provisions Commonly Used for Water Administration • C.R.S. 37-92-501 General Jurisdiction to Administer Water • C.R.S. 37-92-502 Daily Administration • (2) order total or partial discontinuance of use to extent water not necessary for beneficial use or needed by senior user (see also C.R.S. 37-84-116 – control of headgates) • (2) won’t order discontinuance unless makes water available at the place of seniors need. • (2) Stop discontinuance if water does not become available to senior priorities in time and place of need • (5)(a) Authority to order installation of measuring devices (also C.R.S. 37-84-112, 37-84-114 – SEO rates flumes) • (6) staff may enter private property • C.R.S. 37-84-117 (5) release of water to account for evaporation from on-stream reservoirs • C.R.S. 37-80-120 Exchanges (several other references)

  22. Definition of Terms for a Call Free River – the supply of water in the river exceeds the demand for water by all decreed water users Call – the demand for water by a user Call Recognized and Administered by Division of Water Resources – the determination by the Water Commissioner of the most junior right that may divert when the supply of water in the river is less than the demand on the river by all decreed water users (also known as “the Call”) Note: These definitions are not found in statute, but are working definitions. The primary statute that water administration occurs under is 37-92-502 C.R.S.

  23. How Does A Commissioner Set The Valid Call For A Portion Of The River? Determines river conditions (supply) from stream gaging stations Determines the demand (calls) by various water right holders from water user contacts Sets the valid call based on a comparison of river conditions (supply) and demand (calls) and knowledge of water gains orlossesand water travel times between points on the river

  24. Conditions Commissioners Review Prior to Placing A Valid Call for a User User must be in priority Water diverted by user must be used in accordance with the decree terms and conditions Water cannot be wasted User must have an acceptable headgate and an accurate measuring device User must be taking all the water that is available at their headgate Must determine whether user can get the water they are asking for without setting a call Must determine whether user will get the water they are calling for by curtailing upstream junior rights

  25. Typical Call Colorado River Grand Ditch 11-20-1885 (Admin. No. 13108.00000)

  26. Ditch A 1-1-1880 50 cfs Ditch B 1-1-1875 100 cfs River Example: Ditch A is taking 50 cfs. Ditch B owner calls the commissioner and is 70 cfs short. The call becomes Ditch B with a 1-1-1875 call. Ditch A is completely curtailed.

  27. Ditch A 1-1-1880 50 cfs Ditch B 1-1-1875 100 cfs River Example: Ditch A is taking 50 cfs. Ditch B owner calls the water commissioner and is 30 cfs short. The call becomes Ditch A with water being bypassed to Ditch B with a 1-1-1880 priority date. Assuming no inflow or outflow in the interim reach, Ditch A is curtailed to 20 cfs.

  28. Ditch A 1-1-1880 50 cfs Ditch B 1-1-1875 200 cfs River Tributary Ditch C 1-1-1895 100 cfs Example: Ditch A is taking 50 cfs and Ditch C 100 cfs. Ditch B owner calls the commissioner and is 120 cfs short. You are the commissioner, what do you do?

  29. Is it really that simple? What are some factors that might make the decision more difficult?

  30. Plans for Augmentation and Changes of Water Rights

  31. Change of Water Right • Change in type, place, or time of use • Change in point of diversion • Change from direct application to storage and subsequent application • Change in point of storage

  32. Change of Water Right Generally, a change of an irrigation right to municipal purposes. This may involve new or alternate points of diversion, but not always.

  33. Plan For Augmentation A plan to replace out of priority depletions caused by a junior water right to senior water rights. The replacements are made with another source of water. Depletions must be replaced in time, place and amount in order protect senior water rights. The application for approval of a plan for augmentation in water court allows others the opportunity to express their concerns regarding its ability to protect their water rights.

  34. Water Rights Issues

  35. CRS 37-86-102 Right-of-way through other lands. Any person owning a water right or conditional water right shall be entitled to a right-of-way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right.

  36. Prescriptive Easement “An easement created from an open, adverse, and continuous use over a statutory period.” Black’s Law Dictionary, Seventh Edition

  37. Irrigation Efficiency

  38. “You better cut the pizza in four pieces because I’m not hungry enough to eat six.” Yogi Berra - #8

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