Correspondences Concerning City of Denver's Use of Colorado River Water (2002)

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Mr. Neil Stessman 12/24/97 Page 5 raw water diversion and storage facilities or for delivery to uses in the metro area. Downstream Storage. Also as part of the System Refinement portion of the near term strategy, Denver is pursuing storage on the South Platte River downstream of Denver as a potential project to enhance the yield of its municipal water system. This storage could recapture and regulate Denver's reusable return flow presently relinquished to the river due to the lack of timely upstream exchange potential or demand. After storage, these return flows would be released to the river when upstream exchange potential exists. Additionally, downstream storage will be needed to augment the Non - potable Reuse Project when there is legally insufficient reusable return flow available to the reuse plant. As Denver initiated investigations into the acquisition of suitable storage sites, which are principally mined out gravel pits, it encountered several other entities interested in cooperatively developing such sites. Denver has been actively discussing this with these entities and has completed appraisals, surveys, geotechnical investigations, and environmental evaluations for some of the potential sites. Downstream storage is also the cornerstone of the above - mentioned agreement to provide Non - potable Reuse Project water to the Rocky Mountain Arsenal. Effluent Exchange Diligence. The City of Thornton has challenged Denver's use of Blue River effluent from the Bi -City Wastewater Plant to effectuate exchanges. This challenge is being made in Case No. 96CW145, Water Division 1, which is Denver's diligence filing for exchanges to its South Platte River diversion facilities in former Water District 8. Thornton claims the effluent does not meet its requirements under C.R.S. X37 -80- 120(3) or X37 -92- 305(5). No trial has been set. Cherry Creek Alluvial Wells. Denver is pursuing adjudication of water rights on Cherry Creek within the City and County of Denver to irrigate three areas along the creek with raw water provided by alluvial wells. These water rights are being sought in Case Nos. 89CW198, 93CW033, and 93CW110, Water Division 1. Reusable return flows will be the replacement water for these wells. As part of these water right applications Denver seeks the adjudication of a methodology to quantify return flow of Colorado River water used for irrigation of lawns within its service area in the Cherry Creek basin. Once the methodology is approved by the Water Court this return flow will serve as an additional source of replacement water for the alluvial wells which, in turn, constitutes further use of Denver's Colorado River return flow.