C150212 Contract

• Contract/PO #: C150212
• Contractor Name: Lower Arkansas Valley Water Conservancy District
• Contract Type: Grant
• Loan Projects - Doc Type: Contract Documents

- HAY-12-2005 THU 12:36 PM TROUT WITWER & FREEMAN FAX NO, 3038324465 P. . 03
Rod Kuharich
April 26,2005
Page 2
The minimum target amount to be delivered to Kansas by LAVWCD is currently
estimated at 3,412 acre-feet, although a final water accounting cannot be made until
runoff is over and deliveries are complete. The LAVWCD expects to acquire and
deliver the balance of Colorado's obligation to Kansas in 2006,and will request
another drought grant in 2006 to defray those costs.
4. Copies.of official federal and state drought declarations for the affected counties
(Bent, Crowley,Pueblo,Prowers, and Otero Counties) are enclosed with this
Application. These declarations cover the Lower Arkansas River for the period 2000
to 2004.
The court-mandated H-I Model calculates total Compact obligations,but cannot
break these down by county. As noted above, Colorado had a 3,074 acre-foot credit
entering the drought,while its current replacement obligation is 6,824 acre-feet.
Colorado's total obligation would have been 9,898 acre-feet absent the pre-drought
credit that existed from 1997 to 1999. This credit more than offsets the small amount
of the Lower Arkansas River that was not under drought declarations from 2000 to
2004 (Pueblo County, 2000). Thus, all of the water Colorado currently owes Kansas
—the purpose of this Application—is a result of drought in counties under federal or
state drought declarations.
5. Attached is a line-item budget showing all projected and actual expenditures,
including in-kind support.
6. A copy of the LAVWCD's current annual budget and 2004 financial statement is
enclosed.
7. The LAVWCD is a political subdivision of the State of Colorado,organized in 2002
pursuant to article 45 of title 37, Colorado Revised Statutes.Findings and Decree,
Case No. 02CV793 (Pueblo County District Court,2002).A list of the LAVWCD'S
current Board of Directors is enclosed.
The LAVWCD was established"for the purposes of conservation of the water
resources within the District, (and] for their greatest beneficial use. . ." Findings and
Decree. Without timely replacement of Colorado's water obligation to Kansas,
groundwater withdrawals within the LAVWCD will be curtailed under the State
Engineer's Basin Rules,which will interfere with the greatest beneficial use of water
in the Lower Arkansas Basin. The LAVWCD requests this grant in order to further
the conservation and beneficial use of water within the Lower Arkansas Basin.
Appendix 1 to Contract C150212