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<br />EASTERN SLOPE SUPPLY <br /> <br />Since man finds water a necessity of life <br />and of economics, the drier eastern part of the <br />state has augmented its water supply by <br />diverting water from the western slope. <br />With 90% of the state's population <br />concentrated on the eastern slope and most of <br />the state's water originating on the western <br />slope, transmountain diversion of such water <br />was perhaps inevitable. Many communities <br />other than Denver depend on diversion for their <br />water supply. The Big Thompson Project which <br />serves agriculture and many north centrai <br />Colorado communities is one such facility. The <br />Homestake Project is jointly shared by Aurora <br />and Colorado Springs. The Frying Pan-Arkansas <br />Project serves Pueblo and the agricultural needs <br />of southeastern Coiorado. <br />Many city water departments must <br />compete with other city services for funds. <br />Smaller towns often find it cheaper to buy water <br />from nearby cities than to construct their own <br />facilities. As the population increases and some <br />cities show reluctance to serve these smaller <br />towns, some of them are finding it more feasible <br />to band together and acquire water rights and <br />build storage and delivery facilities as a joint <br />enterprise. The Windy Gap Project, an extension <br /> <br />Page 22 <br /> <br />of the Colorado Big Thompson, diverts water <br />from the western slope for the municipal use of <br />Boulder, Estes Park, Greeley, Longmont, <br />Loveland and Ft. Collins. <br />The Denver Board of Water Commission- <br />ers is charged by the city charter of Denver to <br />provide the residents of Denver with water to be <br />used for any and all purposes. A 1955 court <br />decision ruled that Denver water was also to be <br />used within the metropolitan area, the area <br />reasonably integrated with the development of <br />Denver. <br />The Commissioners have historically <br />planned far ahead to obtain water rights and <br />property to assure that Denver has an adequate <br />supply even in drought years. Many of these <br />rights originate in the waters of the western <br />slope. The water acquired by the Denver Water <br />Board is sufficient in quantity to supply almost <br />as many "taps" outside the city of Denver as it <br />does within the city. <br />The Denver Water Board is financially an <br />independent entity. Thus all its revenues are to <br />be spent only on water projects. However, the <br />1974 Poundstone Amendment, which severely <br />limits Denver's ability to annex new areas, <br />resulted in the need for additional water only in <br />the suburbs and not within the city limits of <br />Denver. <br />In 1982 the Metropolitan Water <br />Agreement was signed by the Denver Water <br />Board and 46 suburban cities and special <br />districts to finance an Environmental Impact <br />Statement for the Two Forks Reservoir which <br />would utilize many of Denver's West Slope water <br />rights. The signatories also agreed to finance the <br />reservoir and receive a share of water based on <br />the arpount of each contribution. <br />/ <br /> <br />DIVERSIONS <br /> <br />A diversion may be as elemental as a <br />headgate diverting a portion of stream flow to a <br />farm's irrigation canals, or as complex and <br />costly as a transmountain diversion, taking <br />entire streams, utilizing elaborate engineering for <br />pipes, pumps and tunnels. Diversion policies <br />particularly interest western slope residents, <br />many of whom are concerned that if they do not <br />divert their regional waters to a beneficial use, <br />someone else will. <br />The dilemma stems from Article XVI of the <br />Colorado Constitution which provides in <br />pertinent part as follows: <br />"Section 5. Water of streams public <br />property. <br />The water of every natural stream, not <br />heretofore appropriated, within the State of <br />Colorado, is hereby declared to be the property <br />of the public, and the same is dedicated to the <br />use of the people of the state, subject to <br />appropriation as hereinafter provided. <br />Section 6. Diverting unappropriated <br />water. Priority preferred uses. The right to divert <br />the unappropriated waters of any natural stream <br />to beneficial uses shall never be denied. Priority <br />of appropriation shall give the better right as <br />between those using the water for the same <br />purpose; but when the waters of any natural <br />stream are not sufficient for the service of ail <br />those desiring the use of the same, those using <br />the water for domestic purposes shall have the <br />preference over those claiming for any other <br />purpose, and those using the water for <br />agricultural purposes shall have the preference <br />over those using the same for manufacturing <br />purposes." <br />These provisions plus the population <br />demands of Front Range development invite <br />increasing transbasin and transmountain diversion <br />and storage projects on Colorado streams. <br />