Laserfiche WebLink
<br />Column 7 shows the RICD water right will cause more water to be delivered to New Mexico <br />except from July 16 through September 30. For example in January, approximately 25 cfs is <br />diverted by New Mexico water rights but the RICD would cause the delivery of 185 cfs to New <br />Mexico. <br /> <br />~ <br /> <br />-y <br />,1 <br /> <br /> <br />/~ <br /> <br />J The RICD water right would cause more water to be delivered to New Mexico than is required <br />~ by the UC Compact and therefore, the RICD impairs Colorado ability to utilize its compact <br />,.t" allocation. ~ ~ <br /> <br />~ -) _5 /.~ <br />-/' ~ / . ' ~.fi ,yr'" fYl~- <br />SectIOn 1.B.2 "Precludes Water Use" Methodology Cc. 9'f " <br />Compact impairment can also be determined by evaluating whet " the RICD would preclude <br />existing or future water usage upstream of the RICD that ~ therwise occur without the <br />RICD. Presently, the Animas River basin is not a water cntical stream, except for a few <br />tributaries, jJt([ new water usage may be decreed without any augmentation plan. As explained <br />above, Colorado has additional water for use unde:r the Compact and the UC Compact. <br />Therefore, existing and new water depletions may continue to occur in the Animas River basin <br />without restriction if the RICD is not granted. <br /> <br />')~ <br />the RICD will change the Animas River from a non-water critical stream t a water critical <br />(stream because there could be regular calls to curtail upstream undecreed w er uses .md junior <br />water rights to the RICD. An evaluation of the period irom 1936 to 2004 s ws that in only one <br />year was there water adequate to meet the RICD each day for 365 days In every other year, <br />I there would be a call lasting from 1 to 330 days. Therefore, the R1CD will call out undecreed <br />I water uses and junior water rights essentially every year. I <br /> <br />e,"'L-".< <br />~ ~p( <br />~ (~l ~f <br />t?"\ t <br />~(~ <br />~ J1f11 <br />eel <br /> <br />.I Existing undecreed water uses upstream of the RICD would be curtailed by an RICD call. <br />I Colorado does not require a water right to divert watt::r when there is no call, so even though <br />undecreed, these existing water uses are presently using a portion of Colorado's Compact <br />apportionment. These undecreed uses generally include small ponds and commercial wells. <br />Commercial wells are more easily documented because the Division of Water Resources (DWR) <br />requires a well permit. DWR has tabulated about 50 undecreed commercial wells upstream of <br />the RICD. Commercial wells include wells that serve commercial development and more than 3 <br />homes. These wells generally divert year round, up to 24 hours per day. <br /> <br />If decreed as proposed in its application, the RICD could potentially call only during the 12) J kl~)i~ <br />daylight hours. Conceptually, if a junior or undecreed water right could fulfill its purpose by "C- <br />diverting only during the night, those water rights could remain in priority year round, even with <br />an RICD in place. This is not possible in most, if not all cases, however. Commercial wellS> ~ \ \ ~ <br />represent the major example of a water user who cannot utilize only night time flows. ~", ~~ <br />Commercial wells are also the most likely type of future development upstream ofthe RICD. tI f <br /> <br />~IJ\~ <br />jI~~ e6 ( <br />Jr'( ~f'!Jld-l" <br />ff() <br /> <br />~~ t> <br />LJ,~ (~1 . (}\o <br />vJtr f't,.f((I <br />'p~\d<t' <br /> <br />