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<br />. <br />I. <br />. <br />. <br />I. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />LA WMA's current permanent augmentation sources yield approximately 20,966 acre-feet annually, with <br />a minimum dry-year yield of8,824 acre-feet. In 19 years out of 56, LA WMA' s water rights are not able <br />to provide a full augmentation supply to its shareholders and they must reduce their ground water <br />usage. <br /> <br />In the most recent trial in Kansas v. Colorado, issues arose over the amount of dry-up and <br />resulting transferrable consumptive use under the X - Y Canal, the Lamar and Manvel Canal, and the Fort <br />Bent Canal. Issues also arose over the volume of LA WMA' s Highland Ditch water rights that should be <br />credited to the Offset Account. In addition, other issues arose concerning Sisson-Stubbs irrigated <br />acreages. These issues have the potential to reduce to some degree the amount of augmentation credit <br />available from LA WMA' s current portfolio of augmentation water rights. Even without these potential <br />reductions, and absent any increase in computed well depletions, on the grounds urged by the State of <br />Kansas, LA WMA does not have sufficient water to pennit full pumping by its members during consecutive <br />dry years. Thus, LA WMA has a need for additional augmentation water to help meet the demands of its <br />members. <br /> <br />The sources for augmentation of stream depletions upstream of John Martin Reservoir are, as a <br />practical matter, limited to water rights with points of diversion upstream of John Martin Reservoir. The <br />principal reason for this is that Article V.H. of the Compact prohibits priority rights decreed to ditches in <br />Water District No. 67 from being transferred to other water districts in Colorado orto points of diversion <br />or places of use upstream from John Martin Reservoir if the effect of the transfer would be to cause a <br />material depletion in the usable quantity and availability of waters of the Arkansas River to water users in <br />either Water District No. 67 or Kansas. In order to move a water right from Water District No. 67 to a <br />point of diversion upstream ofJoOO Martin Reservoir, the owner of the water right must:first obtain a fInding <br />from the Administration that no depletion or adverse effect will result from the proposed transfer or in the <br />decrees. While this is not an absolute bar to the transfer of water upstream from Water District No. 67, <br />it does create a substantial practical impediment to the movement of water upstream, particularly given the <br />current climate of dispute between Colorado and Kansas over the waters of the Arkansas River and the <br />operation of the Arkansas River Compact. This, in turn, means that as a practical matter, the market for <br />water rights with decreed points of diversion in Water District No. 67 is limited to that water <br />district. <br /> <br />It is possible, however, to change water rights upstream of John Martin Reservoir to provide <br />augmentation for water for water rights below John Martin Reservoir. This can most readily be <br />accomplished by quantifying the upstream water right's consumptive use and then delivering that water to <br />the Offset Account to replace post-Compact well depletions. Not all upstream water rights are suitable <br />for this purpose because of the stream flow conditions on the Arkansas River between Pueblo and John <br />Martin Reservoir. Transit losses on downstream delivery of water and the ability of certain water rights <br />to dry the river at their points of diversion limit the ability to move water downstream. This serves to <br />somewhat increase the geographic extent of the market of water rights that may be used for augmentation <br />in Water District No. 67. Stream conditions, however limit the area from which upstream water rights <br />practically may be acquired to provide augmentation supplies for Water District No. 67. <br /> <br />Page 18 of 66 <br />