NP November minutes

• Basin Roundtable: North Platte
• Title: Minutes
• Date: 11/28/2006
• Basin Roundtables - Doc Type: Minutes

North Platte Basin Roundtable Meeting 11-28-06

Colorado. The decree states "The State of Colorado, or anyone recognized by her as
duly entitled thereto, shall have the right to divert from the Laramie river and its
tributaries, for use in the State of Colorado, 49,375 acre-feet of water in each calendar
year, which diversion and use shall be subject to the limitations and restrictions hereafter
set forth. The State of Wyoming, or anyone recognized by her as duly entitled hereto,
shall have the right to divert and use all water flowing and remaining in the Laramie river
and its tributaries after such diversion and use in Colorado. The State of Colorado, its
officers, attorneys, agents and employees be, and they are severally enjoined-
(a) from diverting or permitting the diversion of more than 19,875 acre-feet of
water in any calendar year from the Laramie river and its tributaries for use in Colorado
at any or all points outside of the basin of said river, which amount may be divelied by
the present owners of trans mountain water rights or by their successors in ownership,
through any ditches, canals, tunnels or structures capable of carrying the same, as the
owners of said water rights and of such structures may from time to time agree among
themselves, or as may be determined by a comi of competent jurisdiction;
(b) from diverting or permitting the diversion of more than 29,500 acre-feet of
water in any calendar year from the Laramie river and its tributaries for use in Colorado
within the drainage basin of said river, of which amount not more than 1,800 acre-feet
shall be diverted in any calendar year after July 31; provided, that if in any calendar year
any part of all of said 19,875 acre-feet of water which may be diverted for use outside of
the drainage basin of said river is not so diverted for use outside the drainage basin of
said river, the amount not so diverted may be added to the amount which may be divelied
hereunder for use in Colorado within the drainage basin of said river. Such water
diverted for use in Colorado within the drainage basin of said river shall be diverted only
through the head gates of ditches serving, and shall only be used to irrigate, those lands
within the Laramie river basin in Colorado which are designated in the decree by the
present owners of said lands and the water rights serving said lands or by their successors
in ownership, and none of said waters shall be used for the irrigation of any lands not
included within the boundaries of the lands so indicated. The relative rights to the use of
Colorado's share of the Laramie river shall continue to be governed by the rules of
appropriation and use as determined by the laws of Colorado, and shall be administered
by its water officials. The decree shall not prejudice or affect the right of the State of
Colorado or the State of Wyoming, or of anyone recognized by either state as duly
entitled thereto, to continue to exercise the right to divert and use water from Sand Creek,
sometimes spoken of as a tributary of the Laramie river, in virtue of an existing and
lawful appropriation of the waters of such creek."

Some people have managed to trade out direct flow rights in the Laramie river and its
tributaries to have piscatorial rights and someone had to make that decision. In 2002, the
Hohnholtz outfit was the only operation that was not under administration, because some
of the senior rights didn't call for water when they could have. Mike indicated that he
wanted to more uJlly understand the whole process before proposing any tasks to be
undertaken in the Laramie River regarding the needs assessment.

Kent proceeded to lead a discussion reiterating the questions the NPBR have previously
discussed regarding possible task orders for the needs assessment, most of which Ed has

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