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r <br />COLORADO RIVER WATER <br />CONSERVATION DISTRICT <br />Protecting Western C oloracio `A%ater Since 1937 <br />October 6, 2000 <br />Mr. Hal D. Simpson, Colorado State Engineer <br />Colorado Division of Water Resources <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />Dear Hal: <br />Recently the Colorado River Water Conservation District has become <br />increasingly concerned with some specific transmountain diversion (TMD) water <br />administration issues, and we want to bring them to your attention. Discussions with <br />some of your division personnel and our investigations of historical diversion <br />records lead us to believe that Colorado River water is being diverted in excess of <br />legal entitlement and /or in excess of actual beneficial uses. The practical result is <br />that water imported to the Arkansas and Platte Rivers from the Colorado River is <br />being delivered out -of -state in violation of C.R.S. § 37 -81 -101. We strongly believe <br />that all diversions of TMD water must be consistent with Colorado state law, the <br />authorizing legislation, contracts and decrees for the TMD facilities, and the <br />Colorado River Compact. Out -of -state delivery of TMD water must not be allowed. <br />We believe that there are several cases where the proper tracking of TMD <br />water from source to consumptive end use may not be occurring as required by <br />C.R.S. § 37 -83 -103. Our preliminary investigation suggests that a proper accounting <br />of beneficial uses of water may not be occurring for at least three TMD projects: the <br />Colorado -Big Thompson (C -BT) system, the Twin Lakes system and the Vidler <br />Tunnel. <br />For example, the Northern Colorado Water Conservancy District (NCWCD) <br />operates what it refers to as a "non- charge" program as part of the C -BT Project. <br />Under this non - charge program, Colorado River water which would otherwise spill <br />at Granby Reservoir is diverted through the Adams Tunnel and then delivered <br />through project distribution facilities to the South Platte River Basin. <br />SUITE #204.201 CENTENNIAL STREET <br />P.O. SOX t 1201GLENWOOD SPRINGS, COLORADO 81602 <br />(970) 945 -8522 • FAX (970) 945 -8799 • www.crwcd.gov <br />