Prehearing Statement of the Town of Dillon

• File Number: 8230.51A2
• Description: Objectors' Prehearing Statements
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 1/1/3000
• Author: Town of Dillon
• Title: Prehearing Statement of the Town of Dillon
• Water Supply Pro - Doc Type: Litigation

Case No. 87CW392
Page 7
occurring due to, previous months deep percolation. As an example, a sample
calculation showing how return flow credits shall be calculated is shown in
Exhibit A. The return flow factors set forth in this qll.c apply to irrigated
land located within the boundary shown on the map attached as Exhibit B. With
each review of the irrigated lawn acreage as specified in Ill.a. above, Applicant
shall also review the return flow factors set forth in this Ill.c. and determine
whether the addition of new irrigated acreage requires the adjustment of the
return flow factors. Prior to receiving credit for any new irrigated acreage,
Applicant's calculations must be approved by the Division Engineer. Such credits
can only be received for irrigated acreage within the Town of Dillon service
area.
12. Determination of Net Out-of-Priority Depletions that Require Augmentation:
Net depletions shall be determined on a daily basis by calculating out-of-
priority diversions made at the points of diversion described in 16 and subtract-
ing associated in-house use return flows from the Joint Authority Wastewater
Treatment Plant and also subtracting outside use return flows as determined in
qll above. Unconsumed portions of Applicant's diversions at the points of
diversion described in 16 return to the Blue River from the Joint Authority
Wastewater Treatment Plant and as lawn irrigation return flows. Flows from the
Joint Authority Wastewater Treatment Plant accrue to the Blue River in the NE;
NE;, §35, T4S, R78W, 6th P.M., Summit County, Colorado. Net depletions then will
be replaced by releases made from those sources described in 17. If any of the
wells described in 16.a through 16.e above are constructed more than one hundred
feet from the stream, the out-of-priority depletions from those wells and the
out-of-priority depletions from the Silverthorne Well No. 2 described in 16.h
above must be lagged back to the stream according to factors approved by the
Division Engineer.
III. CONDITIONAL WATER RIGHTS
13. Conditional water Rights. Applicant claims conditional water rights for
structures described in 16.a through 16.e above. Well permit applications for
those structures have been denied by the State Engineer. The Applicant is
entitled to permits upon application for the subject wells pursuant to this
decree subject to the 600 foot spacing requirement in Section 37-90-137(2) C.R.S.
Such permits shall not contain conditions or limitations more burdensome than
those specified in this decree. The wells described in 16.a through 16.e are also
the subject of the decree entered in Case No. 87CW218, Water Division No. 5(the
Application of the Dillon Valley District). A conditional water right for 1.5
cfs is claimed for the Town of Dill.on Straight Creek diversion as described in
16.i.
IV. CHANGE OF WATER RIGHTS
14. Alternate Points of Diversion for the Dillon Straight Creek Water Right: ?
The Applicant has applied to add the structures described in 16.a through 16.gj
as alternate points of diversion for the Dillon Straight Creek water ip-l-gti"t
decreed to the Straight Creek Ditch as described in 16.i above. This change can
be granted provided that:
,
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a. The diversion of the Straight Creek water right at the Dillon Blue
River Intake is junior to and shall not interfere with the exercise of water
rights senior to December 31, 1987 diverting or storing, either directly or by