PROJ01877 - Laserfiche WebLink

Home Browse Search

r. Mr. Jack Garner May 1, 1998 Page 3 requirements at the farm headgate. Prior to opening the irrigation season each year, the District's consultant forecasts the water which may be available and makes an initial allocation to the ditches. If necessary, the District makes additional allocations or reallocates water that is left, before closing the irrigation season. Enclosed is a copy of Jeris Danielson's April 23, 1998 letter, with additional details on the procedures used by the District. CURRENT STORAGE The ruling in purqatoire River Water Conservancy District v. Kuiper, 197 Colo. 200, 593 P.2d 333 (1979) confirmed the District's right to store winter direct flow. It states: Highland has contended that the 1965 transfer decree merely changed the place of storage of the Model Storage Right to Trinidad Reservoir and did not change to storage the winter direct flow use of the Project ditches. This change of use was set forth as a part of the plan in House Document 325 and the Operating Principles, both of which were incorporated by reference in that decree. The clear effect of the transfer decree was to make the change as set forth in those documents. So far as the persons who are bound by that transfer decree are concerned, the effect was to change both the place of storage and the use of winter direct flow. A copy of the published opinion is enclosed. Details on storage of such water is provided in Mr. Danielson's enclosed letter. CONCLUSION Several letters have now circulated concerning what happened at the meeting in Kansas city on February 18, 1998, and what informati9n the various parties were supposed to supply. As is usual in a meeting with that many people, I am not sure everyone heard the same thing. In addition, because of the enormous amount of correspondence that has circulated over the years regarding the Operating Principles, and the passage of many years since this began, some may have temporarily forgotten some j:\wpS 1 \lb\ll\prwcd\S-1-98 .jmw