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Definition of Green Mountain Fill has been a debated topic over time. There are different legal <br />interpretations of when Green Mountain has reached its fill and when the senior August 1, 1935 <br />first fill right is satisfied. <br />The Division 5 administration is outlined in the Interim Policy and was adopted by the State <br />Engineer "to give water users certainty about administrative and accounting principles <br />concerning Green Mountain Reservoir" and is, at the time of this update, the current <br />administration of the Blue River Decree. The Interim Policy specifically outlines the components <br />to the Paper Fill of Green Mountain Reservoir under its August 1, 1935, first fill right. The Paper <br />Fill is defined to be met when 154,645 acre-feet is equal to the sum of: <br />1. Initial storage in Green Mountain Reservoir at the beginning of the administration year, <br />2. Stored water in Green Mountain Reservoir after the administration date, <br />3. Bypassed water in excess of 60 cfs or the demand of a downstream call senior to August <br />1, 193 5, <br />4. Out-of-priority depletions from HUP and Contract beneficiaries upstream of Green <br />Mountain Reservoir, and <br />5. Out-of-priority diversions and storage made by Denver and Colorado Springs. <br />After a paper fill has been met Green Mountain Reservoir stores under the October 10, 1955, <br />"exchange" right up to the amount of water stored and diverted out-of-priority to its 1935 storage <br />right by Denver and Colorado Springs. According to Alan Martellaro, Division 5 Engineer, this <br />interpretation is based on the reservoir fill right being administered senior to the hydroelectric <br />right, even though they have the same administration number. Alan Mrtellaro has administered <br />the Blue River Decree under the Interim Policy from 2003 to the time of this update (2006). <br />The Denver Water Board and the USBR have alternate legal interpretations of the Blue River <br />Decree. According to Denver Water planning staff, for planning purposes, they currently attempt <br />to model the Blue River Decree according to the 2006 Interim Policy and the "Division 5 <br />interpretation." <br />Green Mountain Reservoir has a senior re-fill storage right in the amount of 6,316 acre-feet, with <br />an appropriation date of August 1, 1935. It can only be exercised after completion of the first fill <br />right. Releases for replacement of depletions of Senate Document 80 beneficiaries and <br />replacement of evaporation losses can be credited to the re-fill account. If any re-fill water <br />remains in storage at the start-of--fill, it is considered as part of the contents of the reservoir for <br />the next year's fill. <br />There is a conditional junior re-fill storage right for Green Mountain Reservoir (Case No. <br />88CW22) for 154,645 acre-feet, which can be exercised only after the senior re-fill right is <br />satisfied. For purposes of accounting, the junior re-fill right has the same administration date as <br />the conditional re-fill right for Dillon, pending in Case No. 87CW376. When in priority, the <br />available flow shall be divided in a manner which essentially allows Green Mountain to store its <br />share of the inflow originating below Dillon and allows Denver to store its share of inflow <br />originating above Dillon Reservoir. Denver will observe the 50 cfs bypass and Green Mountain <br />will observe the 60 cfs/85 cfs bypass requirements. These bypasses are not considered storable <br />inflow for the junior re-fill right. <br />Upper Colorado River Basin Information 2-9 <br />