Arkansas - Rotational Land Fallowing - Water Leasing Program_BRT Approval Letters

• Basin Roundtable: Arkansas
• Applicant: Lower Arkansas Valley Water Conservancy District
• Description: Rotational Land Fallowing - Water Leasing Program - Lower Arkansas Valley Super Ditch Company
• Account Source: Basin
• Board Meeting Date: 1/23/2008
• Contract/PO #: 150425
• WSRA - Doc Type: Roundtable Approval Documents

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UPPER ARKANSAS
WATER CONSERVANCY
DISTRICT

PHONE: [phone] . FAX: [phone]. P.O. BOX 1090 . SALIDA, COLORADO 81201
MEMORANDUM

Date: September 12, 2007

To: Arkansas Basin Roundtable Members

From: Mr. Ralph "Terry" Scanga, General Manager IJ()!V'
Upper Arkansas Water Conservancy District fl1J1

Subject: Inter-basin Compact Committee Funding Request/Grant for the LA VWCD Water
Leasing Program

I am concerned about the ongoing expenses of verification and review of potential injury
that would be incurred by the UA WCD and other Roundtable Members/Entities from the change
and potential transfer of waters from the Arkansas River in the subject leasing program being
contemplated by the LA VWCD's Super Ditch proposal. In this case public funds are being
requested for a consumptive use analysis of water rights intended to be temporarily changed and
moved to a new use. As you are well aware anytime water use is changed and that water is
transferred from its historic place of use, the potential for injury to the remaining water rights is
very probable unless measures are taken to prevent that injury. Extensive, detailed, time
consuming professional evaluation and analysis is necessary to ascertain whether injury would
occur and what steps would be necessary to prevent injury. In their zeal to be successful a
proponent for a change of water rights typically does not represent the best interests of all
potentially affected parties. Because of these issues I would like included as conditions
precedent to approval of the subject program by the Arkansas Basin Roundtable the following
terms and conditions:

"Said funding shall be provided for the LA VWCD Water Leasing Program under the
following circumstances:

in Water Court cases wherein the applicant is seeking a change of water rights
pursuant to a rotational crop management contract as such is defined in C.R.S. ~
37-92-103 (10.6);
only in such cases where the subject water rights will not be transferred,
exchanged, or moved either directly or indirectly from the Arkansas Basin nor
moved by exchange from the Upper Arkansas Basin;
only if funding is provided to reimburse Arkansas Basin objectors to the change
of water rights for or to cover the costs to review and analyze the potential for
injury to other water rights from such a change of water rights;
only if the applicants in such a case agree contractually in writing to reimburse
the Roundtable and the objectors for all expenses associated with such review
and analysis should the subject water rights be transferred, exchanged, or
moved for benefit of an entity for more than 5 years cumulative; and
such funding shall not be available to benefit or advance interruptible water
supply plans pursuant to C.R.S. ~ 37-92-309."