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Ms. Maryanne C. Bach <br />12/28/2001 <br />Page 6 <br />Effluent Exchange Diligence. The City of Thornton is challenging Denver's use of reusable <br />effluent to perform river exchanges in Case No. 96CW145, Water Division 1. This <br />diligence application concerns a conditional water right adjudicated in 1972 for exchanges <br />to Denver's South Platte River diversion facilities in former Water District 8. Among <br />numerous other claims, Thornton contends that Denver's reusable effluent from the <br />Littleton /Englewood wastewater facility does not meet its water quality requirements. <br />Also at issue is Denver's ability to use and reuse Colorado River water. Trial began in <br />October 1999, and continued through 2001. Final arguments in the case are scheduled for <br />February 2002. <br />Prior to trial, Denver negotiated at length wgh Thornton and the Farmers Reservoir and <br />Irrigation Company ( FRICO). Denver reached settlement with FRICO and other ditch <br />companies who divert water through the Burlington Ditch and opposed exchanges of <br />reusable effluent on water quality grounds (Settlement Agreement). The Settlement <br />Agreement calls for, among other things, the annual delivery to FRICO of up to 5000 acre - <br />feet of reusable water, including reusable effluent, for municipal purposes within the <br />Denver metropolitan area. The Settlement Agreement also provides certainty for <br />Denver's use of effluent to effectuate exchanges, including use by virtue of the pumps that <br />deliver effluent directly into the Burlington Ditch. The Settlement Agreement also <br />obligates FRICO to operate its system in a manner that enhances the yield of Denver's <br />collection system. Denver anticipates filing applications for reusable South Platte waters <br />to help meet its obligations under this agreement before the end of 2001. <br />Effluent Accounting Enhancements. Denver plans to begin accounting for its reusable <br />effluent discharged from the wastewater treatment plants owned by the City of Glendale <br />and the South Adams County Water and Sanitation District, both . Denver Water <br />distributors. This will increase the amount of reusable water available for successive use <br />including exchanges. <br />Please contact Bob Peters of my staff should you have any questions regarding this report. <br />(telephone: 303 - 628 -6570, mailto: bob.peters @denverwater.or ) <br />re-1 , <br />.j. Barry <br />Manager <br />N: \S \P \2001REPORT.DOC <br />Attachments <br />cc: Mr. Hal Simpson, State Engineer <br />NOTICE= <br />IF YOU DETACH ENCLOSURES, PLEASE <br />INSERT YOUR CODE NUMBER <br />