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<br />',' 001890 <br /> <br />. <br /> <br />. <br /> <br />Summary of Complaint <br /> <br />A. Parties:, THREE FORKS RANCH CORPORATION v, THE CITY OF CHEYENNE, <br />WYOMING, and its BOARD OF PUBLIC UTILITIES, PATRlCK T, TYRRELL in his <br />capacity as THE WYOMING ST ATE ENGINEER, and the WYOMING WATER <br />DEVELOPMENT COMMISSION, <br /> <br />B. Underlying Facts: The Cheyenne Exchange Project. <br /> <br />1. The Cheyenne Exchange Project is a water supply project that has two primary <br />components, The first is a system of direct flow diversions and conveyance <br />structures in the Little Snake River Basin that send water through a tunnel under <br />the Continental Divide and into Hog Park Reservoir in the North Platte drainage. <br />The second is a system of direct flow diversions, storage and conveyance <br />structures on the east side of the North Platte River Basin in Douglas Creek that <br />collect water and send it by pipeline east to Cheyenne, <br /> <br />2, Under current operations, the Exchange Project diverts on average approximately <br />17,500 acre-feet of water out of the Little Snake River Basin. Actual water use by <br />the City of Cheyenne, however, is at most 4,300 acre-feet, or less than 25% of the <br />amount of water diverted out of the Little Snake Basin, The difference between <br />what is taken out of the Little Snake and what is actually used by Cheyenne is <br />approximately 13,200 acre-feet. <br /> <br />}, The 13,200 acre-foot excess diversion out of the Little Snake is used in ways that <br />are not authorized by the water rights for the Project. Among other unauthorized <br />uses, this water is used to maintain recreational lake levels in Rob Roy Reservoir <br />and Hog Park Reservoir and to account for evaporation from these facilities, It is <br />also used for instream flow purposes in Hog Park Creek and other creeks, and to <br />maintain an "advanced payback" account in Seminoe Reservoir pursuant to a <br />temporary storage contract with the United States Bureau of Reclamation, A <br />portion of the excess diversion that is put into Seminoe Reservoir exceeds the <br />capacity of Cheyenne's "advanced payback" account in that facility and is used by <br />North Platte water users below Seminoe Reservoir on the North Platte, <br /> <br />4, Two stages of the Exchange Project have been built. A Stage III that would take <br />even more water out of basin is proposed, but has not yet been constructed, <br /> <br />5, The foregoing facts result in violations of the Upper Colorado River Basin <br />Compact and Wyoming State laws detailed in sections C and D below, <br /> <br />PhO.OJ <br />