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The South Side ditch water rights (Arthur Ditch, New Mercer Ditch, Larimer County No. 2 <br />Ditch, and Warren Lake) were changed in Case No. 92CW 129 to allow a variety of uses by Fort <br />Collins. The big junior water rights, specifically the 175 cfs priority in the Larimer County No. 2 <br />Ditch, far exceed the City's needs during the spring runoff. The 92CW129 decree maximized the <br />use of the South Side ditches by adjudicating numerous alternate diversion points and exchange- <br />topoints owned by Fort Collins, Greeley, and other local ditch companies for the changed water <br />rights to ensure the City's share ownership could be used within the basin. <br />Diversion limits associated with these changed water rights are shown in Table 4. The 10-year <br />running average monthly and annual limits are further limited for succeeding 40-year periods <br />after entry of the decree in 1996. These subsequent limits are outlined in the 92CW 129 decree <br />and were included to address concerns related to extended historical return flows. <br />Table 4 <br />Diversion Limits on Changed Direct Flow Rights <br />Ditch Name Annual <br />Limit (af/sh) Apr <br />(af/sh) May <br />(af/sh) Jun <br />(af/sh) Jul <br />(af/sh) Aug <br />(af/sh) Sept <br />(af/sh) Oct <br />(af/sh) <br />Arthur Ditch 5.81 0.30 1.92 2.50 2.52 0.90 0.45 0.65 <br />New Mercer Ditch 61.45 14.53 33.23 26.95 6.46 4.63 1.93 <br />Larimer Co. No. 2 D 74.31 25.13 47.33 38.59 2.53 3.32 <br />Warren Lake 10.05 No monthly limits <br />Source: City of Fort Collins <br />Notes: af/sh -acre-feet per share <br />Diversions at alternate points are limited to the following periods <br />Arthur Ditch April 15 -October 31 <br />New Mercer Ditch May 1 -October 31 <br />Larimer County No. 2 Ditch May 1 -September 30 <br />Warren Lake At times when applicable priority legally available at Larimer Co. No. 2 D headgate <br />The Chaffee Ditch water rights are typically used by the City by exchange at the Fort Collins <br />Pipeline. Diversion of these water rights for municipal uses is subject to the following <br />limitations: <br />- Total volume diverted shall not exceed 463 ac-ft per year on a 10-year running average <br />- No diversions allowed before April 15 or after October 31 <br />Over time, Fort Collins has gained ownership of NPIC and WSSC stock and currently owns <br />3,552.75 NPIC shares (35.53 percent) and 26.667 WSSC shares (4.44 percent). The City has not <br />changed in water court its pro rata water rights ownership in either of these ditch companies. <br />Each share of NPIC stock includes native water supply decreed for irrigation and four C-BT <br />units for multiple uses, including municipal use. The City has not been able to take delivery of <br />the NPIC irrigation water and has historically taken delivery of its NPIC share ownership from <br />NPIC's C-BT units in Horsetooth Reservoir. The yields of the NPIC multiple-use water is based <br />primarily on the NCWCD annual quota. The City has historically leased its WSSC share <br />ownership to other irrigators under the WSSC system and has not used its pro rata WSSC <br />ownership for municipal purposes. <br />City of Fort Collins Operating Memorandum.doc 12 of 20 January 5, 2005 <br />