C150213 Application

• Contract/PO #: C150213
• Contractor Name: Prewitt Operating Committee
• Contract Type: Grant
• Loan Projects - Doc Type: Application

Che Pretaitt Operating Committee
112 North 8th Avenue - P.O. Box 333 - Phone [phone]
STERLING, COLORADO 80751-0333
RECEIVED
BOARD OF DIRECTORS Y 2 V 2005 JAMES T.YARN,P.E.
GERALD RUF,Chairman Manager
ARTHUR DEBUS,Vice-Chairman Gotorado HWater Conservatrort Boats
BOB LINGREEN,Director
JOHN STIEB,Director
ROD MARI,Director
HAROLD KAUTZ,Director
ALLYN WIND,Director
LUCILLE KEMBEL,Director
PHIL MORTENSEN,Director
DON CHAPMAN,Director
JACK ODOR,Director
May 17,2005
Mr. Mike Serlet
Colorado Water Conservation Board
1313 Sherman Street, Suite 721
Denver,CO 80203
Dear Mike:
I am writing at the suggestion of Commissioner of Agriculture,Don Ament,concerning the
availability of funds from the Agricultural Emergency Drought Response Program. The Prewitt
Reservoir was unable to fill in the spring of 2004 and Commissioner Ament thought that we may
qualify for grant funds. Commissioner Ament suggested I write prior to your meeting scheduled for
May 24 in order for you to be apprised of the details of the situation. I also left a message with Hal
Simpson regarding this matter and as a result received a phone call from Division Engineer,Jim Hall,
who discussed the matter with me.
In the winter of 2003-2004 the amount of water available to the Prewitt Reservoir was very
limited,predominately due to drought conditions,but also in part due to unreplaced well depletions.
This shortfall in water caused the Prewitt to reach only 46%of its total capacity for the irrigation
season of 2004. In the spring of 2004 the Groundwater Appropriators of the South Platte(GASP)
through their engineer informed the Prewitt Operating Committee that in the reach of the river that
affected the filling of the Prewitt they had failed to replace 2,545 acre feet of water. No attempt was
made by GASP to address this shortage, so on July 28, 2004 a letter and an invoice was sent to GASP
requesting compensation for 2,545 acre feet of unreplaced depletions. The letter and invoice are
enclosed. GASP finally responded in November of 2004 with a letter from their attorney stating that
Senate Bill 073 made no provision for remedying injury though agreements. We responded in
December stating that we disagreed and asked them to reconsider the July 28 invoice. Since that time I
have been in contact with Jack Odor,GASP manager,he also suggested we seek compensation
through your drought program.
Appendix 1 to Contract C150213