Memo from Task Force Advisors Outlining Proposed Recommendations

• File Number: 8420.500
• Description: South Platte River Basin Task Force Recommendations
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 8/24/2007
• Author: Task Force Advisors
• Title: Memo from Task Force Advisors Outlining Proposed Recommendations
• Water Supply Pro - Doc Type: Correspondence

MEMORANDUM
Date: August 24, 2007
To: South Platte Task Force Members
From: Task Force Advisors
At the Task Force meeting on August 13, 2007, the Task Force deliberated upon seven
proposed recommendations. Below is an initial write up of several of the proposed
recommendations. This is merely a first draft intended to provide a basis for further
discussion.
1. One suggestion was to enact legislation that would provide more flexibility for water
users who have excess augmentation credits.
A possible recommendation is to add to C.R.S. § 37-92-3081anguage along the
following:
Water users with excess water accreting to the stream (accretion credits) from recharge
activities or other excess fully consumable supplies may lease such water to other water
users to replace out-of-priority depletions if such replacement is able to be done so as to
replace such out-of-priority depletions in time location and amount. The time location
and amount of the out-of-priority to be replaced shall be as determined in the decreed
augmentation plan or Substitute Water Supply Plan. Prior to the lease of excess credits,
the user shall provide adequate accounting to the Division Engineer concerning the
availability of the excess credits and receive confirmation from the Division Engineer
that the excess credits are available. The user of the excess credits is required to notify
all parties on the substitute water supply notification list of the proposed lease. A user
may only use credits from a particular water source for a total of five years without filing
for a new augmentation plan or amending a currently decreed plan for augmentation.
2. Another suggestion was to enact legislation that would allow prepayment of
depletions during the winter storage season.
A possible recommendation is to add to C.R.S. § 37-92-308 language along the
following:
Water users with decreed augmentation plans or operating under a SWSP may prepay
out-of-priority depletions that impact the stream during the non-irrigation season. The
out-of-priority depletions that may be pre-paid are those that have been determined in the
decreed augmentation plan or Substitute Water Supply Plan. The non-irrigation season is
that time of the year when the valid calls controlling distribution of water are for storage
water rights and not direct flow water rights; generally but not precisely between
November and April. Any source of water used for prepayment must be transbasin or
fully consumable water. Prior to the release of prepayment water, the user shall provide