WSPC12924

• File Number: 8230.400.31.F
• Description: Avon RICD
• State: CO
• Title: Related Reports
• Water Supply Pro - Doc Type: Report/Study

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Therefore, the Court finds that a change in use from Agricultural Irrigation and M&I uses
to only M&I uses is a change to a type of beneficial use.

80. In order to ensure that the M&I water will be applied to actual beneficial.
uses by the Ute Tribes, this Court may require the Tribes to report on their progress
towards application of the reserved water to a beneficial use. See U.S. v. Citvand.
County of Denver. By and Throulili Bd. of Water Com'rs. 656 P.2d 1,35 (Co10.1982);
see also City of Thomton v. Biiou Irr. Co., 926 P.2d 1,44 (Colo. 1996); see ~76 above.

81. Under the Stipulations to Amend the Tribes will receive a depletion
allocation from ALP that is subject to operational management by federal agencies. See
Tr. April 21, 2006 at 28 (Argument of Scott McElroy). The operation of ALP and
distribution of proj ect water among ALP participants is not the concern of this Court.
The supply of water to the Tribes may vary from year to year as a result of the ALP's
averaging of depletions over a course of years. Testimony of Bruce Whitehead. The
term "average annual depletion" permits the Tribes to deplete a greater- than-average
project allocation in one year or in a series of years. Testimony of Bruce Whitehead.
The Court finds that any negative impact ofthese variations in the supply of water to the
Tribes would be upon other project participants and not to non-projeet participants who
have water rights on the affected streams. ld.

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82. CP A asks the Court to deny the Motions to Amend and Change
Applications as they relate to the La Plata River as moot, claiming that these filings as to
both the Animas and La Plata Rivers constitute "double-dipping." Moving Parties argue
that the rights related to both river basins need to be addressed to ensure that the Ute
Tribal claims onboth rivers are satisfied. The Court has already found that "a change of
place of use is admitted to the extent that the irrigation delivery systems to the La Plata
Basin have been deleted from the Project facilities, and the current proposal is to develop
the water in the Animas Basin for M&I use." July 7 Order at 5. The Court determines as
a matter of fact that the Motions to Amend and Change Applications are not intended to
double the water rights at issue, and instead, are intended to clarify that the settlement
contained therein settles the Ute Tribal claims on both rivers.

83. There will be no injury to water rights on the La Plata River from the ALP
because the Ute Tribal water rights under consideration may be diverted only from the
Animas River as measured at Ridges Basin Dam and Reservoir or at the point on the
Animas River where diversions are made to the Durango Pumping Plant and may not be
di verted from the La Plata River. Stipulation for Amendment to Consent Decree,
Paragraphs 6.A. and 7.A.; see a/so Applicant's Ex. 20 at 12 of 13, ~7.

84. CPA presented evidence of possible injury to specific, existing water
rights on the Animas River, depending upon how ALP is operated. James Welies, the
Ditch Rider for the Twin Rock Ditch company. testified. on behalf of Colorado water
rights holders in the ditch. Mr. Welles described potential reduced flow as a result of
future operation of ALP.' Mr. Welles stated that modifications of the diversion structure
may mitigate the effect. In any event, the Twin Rock Ditch company has senior water