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Kenosha Trout Club Agenda Item 11 d. <br />January 24-25, 2001 (Updated February 5, 2001) <br />Water Rights <br />Lininger Ditch has a direct flow water right for 11.4 cfs with an appropriation date of <br />February 28, .1927 and is decreed for the purposes of domestic, irrigation, and fish <br />culture. The ditch is used to fill Lininger Lake, which has a storage decree for 672.6 <br />acre-feet with an appropriation date of February 28, 1927 and is decreed for domestic <br />and fish culture purposes. Lininger Lake also has a refill right for 672.6 acre-feet with <br />an appropriation date of December 31, i 929. The source of water for the Ditch and <br />Lake is Beaver Creek, a tributary of Hall Creek, which is a tributary of the North Fork of <br />the South Platte River. <br />The current capacity of the Lininger Ditch is approximately 3 cfs, based on observed <br />diversions for the limited period of State Engineer Office records. The estimated actual <br />storage capacity of Lininger Lake is 470 acre-feet. Records of the State Engineer <br />indicate that, for the years of record (1973-76, 85, 98), annual diversions averaged 400 <br />acre-feet. Leonard Rice Engineers estimates annual diversions (with proper <br />administration) would have ranged from 0 to 625 acre-feet with an average of 110 acre- <br />feet for the period 1987 through 1996. <br />The Kenosha Trout Club (Homeowners Association) <br />The KTC is a Colorado nonprofit corporation, registered with the Secretary of State. <br />There are 32 members (one for each of the 32 private lots within the subdivision), and <br />each member has one vote. Membership is required by the Covenants as a condition of <br />property ownership within the subdivision. The Association also has the power to set <br />annual dues to be paid by the membership, the power to create a lien if those dues are <br />not paid, and the power to foreclose a lien so created. The subdivision encompasses <br />240 acres, of which 51 acres is the surface of Lininger Lake. The subdivision was <br />platted in the 1940s, and is 100% built out (primarily cabins.) The KTC owns a number <br />of undeveloped lots that are maintained as open space, as well as the lake. The KTC <br />would also own the senior water rights purchased for augmentation. <br />Project Description <br />Four alternatives were analyzed in the feasibility study: <br />1. The no-action alternative. <br />2. Purchase water rights and install aloes-level outlet so that the lake can fill more <br />frequently, and be administered during dry years. <br />3. Purchase senior water rights to allow the lake to remain full in all years. <br />4. Purchase senior water rights, install aloes-level outlet, and enlarge the dam <br />slightly to allow the fake to remain near its historic high water level in all years. <br />Alternative 3, purchase senior wafer rights to allow the lake to remain full in all years, <br />was rejected because firm-yield senior water rights are not available. Alternatives 2 and <br />4 are under consideration, since both assure the lake will remain full enough for fish <br />propagation. If sufficiently senior water can be found at a reasonable price, Alternative 2 <br />is preferable. If less senior water were purchased, the dam would be raised slightly so <br />the reservoir could be filled to a greater capacity in the spring. The lake would lower <br />during the summer months, but remain near current historic levels in all years. <br />Alternatives 2 and 4 are of similar cost. The no-action alternative was unacceptable <br />since it will result in an order from the State Engineer to cut off diversions and allow the <br />lake to lower to an unacceptable level in most years. <br />Selected Alternative 4 involves purchase of approximately 46 acre-feet of consumptive <br />use senior water rights that would be acceptable to augment the existing water rights. It <br />2 <br />