Arkansas - LAVWCD - Super Ditch Company_SOW

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necessary to protect the interests of various shareholders, such as those drawing irrigation water from the tail ends of remote laterals. Some ditch companies have existing engineers capable of undertaking such an analysis, while others may need assistance. Part of the grant will go to support the ditch companies' investigations of internal operating issues refated to shareholder participation in the Super Ditch Company. Providing resources to the ditch companies to do this will help ensure that shareholders have adequate information when deciding whether to authorize their ditches to participate in the Super Ditch Company. The ditch companies will use their own engineers, HDR, or other qualified water engineers to complete this task. Deliverables. Engineering reports on the modification and/or operation of ditches necessary to participate in the Super Ditch Company while protecting the interests of non- participants. For example, the reports may identify additional or modified measuring devices, in- ditch or in-lateral check dams and other structural changes necessary to deliver leased water while protecting the deliverability of water to those ditch company shareholders who choose not to participate in the program. Separate reports will be prepared for each ditch. Task D. Engineering analysis of potential injury in change of water rights (Water Supply Reserve Account Grant Program) Under Colorado's prior appropriation water rights administration system, changes to existing water rights are only permitted (decreed) if there is a guarantee of "no injury" to existing water rights holders. That is, the owner of a water right for which a change is sought must ensure that other water rights holders will not experience a diminishment in the volume and flow rate of water historically available to meet their needs. Thus, there cannot be any injury to other water users resulting from operation of the fallowing-leasing program. This requirement can be met through restrictions imposed on the decreed change or through mitigation measures such as releases from storage to meet flow requirements at the appropriate time and place. The implementation of the Super Ditch Company will involve an application(s) to the Division 2 Water Court. Types of water rights changes expected to be pursued include the following: allowable use (from agricultural to municipal/domestic/industrial); point of diversion; and direct flow-to-storage (and perhaps vice-versa). In addition, it will probably be desirable to adjudicate exchanges to facilitate the delivery of leased water. The question of potential injury to other, non-participating water rights will be central to the adjudication of these changes. Preparing, filing, and pursuing such water court applications are not part of this Scope of Work or Roundtable Request. The purpose of this task will be to develop engineering information relative to the question of injury to other water rights. In particular, this task will provide engineering support to address the concerns of and answer questions from non-participating water rights owners located throughout the basin. The overarching goal of this task is to avoid litigation by developing consensus and collaboration for future water court applications necessary to implement the program. Deliverables. Engineering ar�alysis of potential injury from operation of the program and specific responses to concerns and questions raised by other water rights owners. Specific reports that address the potential for injury will be prepared for different water rights owners. January 22, 2009 3