Arkansas - LAVWCD - Super Ditc_Application_July2008

• Basin Roundtable: Arkansas
• Applicant: Lower Arkansas Valley Water Conservancy District
• Description: Super Ditch Company
• Board Meeting Date: 7/22/2008
• Contract/PO #: C150427
• Alt Ag Water - Doc Type: Grant Application

Alternative Agricultural Water Transfer Methods -Grant Application F©rm
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The Lower District commissioned an engineering feasibility study -proof of concept
- in 2006. HDR prepared the study, which concluded that the formation of leasing program
was feasible encompassing ditches diverting from Pueblo Reservoir to John Martin
Reservoir. HDR Engineering, lnc., "Lower Arkansas Valley Water Leasing Potential,
Preliminary Feasibility Investigation" (June 19, 2006 -Draft). The Lower District
subsequently commissioned a detailed engineering study of a water leasing program,
which HDR completed in 2007. HDR Engineering, Inc., Rotational Land Fallowing-Water,
"Leasing Program Engineering and Economic Feasibility Analysis, Final Report" (Nov.
2007).
The Lower District also instructed special counsel to investigate the legal aspects of
a water leasing program in 2008. Special counsel concluded that a water leasing program
could be implemented under existing law through an adjudication of a change of water
right. Special counsel also identified institutional hurdles to a water leasing program,
including restrictions on place of use in ditch company articles of incorporation and bylaws,
and so-called 1041 permitting requirements of Lower Valley counties.
Also in 2D06, special counsel contacted board members of the Palo Verde (Cal.}
Irrigation District ("PVID"} and the general counsel of the Metropolitan Water District of
Southern California concerning the water leasing program they were negotiating, and
ultimately consummated at the end of 2006. In early 2007, the Lower District invited
representatives of Lower Valley ditch companies to participate in afact-finding trip to the
Imperial Valley of California to meet with irrigator-water lessors of the PVID. The trip
resulted in formation of a Steering Committee composed of Lower Valley irrigators to work
with the Lower District, its engineers, consultants, and attorneys an the formation of the
Super Ditch Company. The Steering Committee has been meeting bi-monthly with the
engineers, consultants, and attorneys to craft the organizational and operational details of
the Super Ditch Company.
Previous Studies
To the maxirnu~n extent possible, the results of any previous studies and investigation should be
utilized and incorporated into the proposed program/project. The application for funding should
include a brief summary of the results of previous studies and how they will be utilized.
The Lower District evaluated the feasibility of a Lower Valley water leasing program,
to prove the concept, and to address essential antecedent issues to the formation of the
Super Ditch Company. Principle studies and investigations to date include:
a. Technical proof of concept. HDR Engineering; lnc., "Lower Arkansas Valley Water
Leasing Potential Preliminary Feasibility Investigation," Aug. 2D08. This engineering
investigation confirmed that adequate water rights would be available for lease in the
Lower Valley for lease to meet water users. For example, approximately 250,000 acre
feet of water would be available for lesae in an average year, and over 100,000 acre-feet
in an exceptionally dry year, like 2002.
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