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 8
exchange from the Blue River and its tributaries above the Straight Creek
confluence;
b. Diversions under the Straight Creek water right at the Blue River
Intake are junior to and shall not interfere with Denver's right to prior fill
as against Green Mountain Reservoir as such operation is described in
Consolidated Cases 2782, 5016 and 5017, U.S. District Court, District of
Colorado;
c. The Straight Creek water rights cannot be stored in Dillon Reservoir
and nothing in this decree shall be construed to allow storage of the Straight
Creek water rights in Dillon Reservoir, and
d. The combined diversion of the Straight Creek water right at the
Straight Creek Diversion structure and the Dillon Blue River Intake shall not
exceed 3.5 cfs.
e. The Qillon Well Nos. 1-5 as described in 16.a. through 16.e. above
shall only be operated as alternate points of diversion as described herein if
those wells are constructed within 100 feet of Straight Creek.
In Case Nos. W-12, W-13, and W-402, 3.5 cfs of the Straight Creek Ditch wat.er
right was changed to allow municipal use in the Town of Dillon and to add the
Town of Dillon Laskey Gulch diversion as an alternate point of diversion for that
3.5 cfs. The entry of this decree docs not affect that change of water rights
except to add additional a7ternate points of diversion. No more than a total of
3.5 cfs can be diverted at the points of diversion under the Straight Creek water
right. Diversions at the alternate points of diversions above can only be made
in such amounts as are iegally and physicaliy available for diversion by
Applicant at the Straight Creek Ditch headgate and bypassed. A well permit
application to use the Silverthorne Well No. 1 as described in 16.g above as an
alternate point of diversion for the Straight Creek water right has been denied
by the State Engineer. The Applicant is entitled to have a permit issued
allowing the Si7verthorne Well No. 1 as an alternate point of diversion for the
Straight Creek water right pursuant to this decree since the Silverthorne Well
No. 1 is located within 100 feet of the stream.
V. GENERAL TERMS AND CONDITIONS
15. Water Available for Diversion: Entry of this decree does not a7iow
Applicant to remove water previously stored in Dillon Reservoir by Denver, except
pursuant to rights granted to the Applicant by Denver through the structure
described in 16.f (the Dillon Blue River Intake), although pursuant to 19 of this
decree it does allow for the out-of-priority diversion of inflows into Dillon
Reservoir which Denver may otherwise store or divert. Additionally, diversions
by the Applicant at the Dillon Blue River Intake are subject to the Dillon-Blue
River Intake Agreement between the Applicant and Denver dated September
1992.
16. Permission to Use Structures: Applicant will not utilize the structures
described in 16.g and 16.h (Silverthorne Well Nos. 1 and 2) without the consent
of the Town of Silverthorne.
17. Well Construction: No well constructed pursuant to this decree shall be
constructed on lands owned by a person other than the Applicant unless the right