BOARD00718

• Board Meeting Date: 11/25/2002
• Description: Flood Section - Chatfield Reservoir Drought Declaration
• Board Meetings - Doc Type: Memo

20.000 acre-foot pooL Under paragraph l(b)(1), Denver Water has the "sole and exclusive right
to regulate for its own uses and purposes" the water stored between 5423 and 5432, but promises
to maintain 20,000 acre feet between May and August "as nearly as practicable." Denver Water
must "use its best efforts" to maintain the 20,000 acre feet, "except in periods of drought or
under circumstances beyond the control of' Denver Water. Thus Denver Water maintains the
recreation pool at 5426, except in a drought, when it may lower the level to 5423 without
concurrence by the State.

Below 5423. Under paragraph 1(b)(2), Denver Water agrees not to let the level fall "below
elevation 5423, except as severe and prolonged drought conditions. as such drought conditions
are reasonably determined by the Colorado Water Conservation Board may require [Denver
Water] unavoidably to cause the level of storage to decrease below elevation 5423 in order to
satisfy its charter obligations to provide municipal water supply." The CWCB is asked to act
"reasonably" in determining whether severe and prolonged drought conditions exist. Under such
drought conditions, Denver Water may access the 16,200 acre feet below 5423.

State obligations. The State paid $2.8 million to Denver Water for the initial fill to 5426 and also
conveyed some minor water rights with a yield of 381 acre feet. The State also agreed to convey
to Denver Water "storage capacity for [Denver Water's] sole and exclusive use in regulating
water supplies in Chatfield Reservoir. . . between elevations 5432 feet and 5423 feet."

3. Denver Water's Dronght Response

Denver Water provides water to 1.2 million Coloradoans, nearly 25% ofthe state's population,
and supports about one-third of the state's economic activity. Like all Colorado water users,
Denver Water customers have been adversely affected by the drought. The stated goal of Denver
Water's drought policy is "to preserve the quality of public life and economic activity to the
extent possible in the face of water shortage."

Denver Water imposed Stage 2 mandatory day-and-hour watering restrictions effective July 1,
2002, and strengthened those restrictions on September 1. On October 1, 2002, Denver Water
imposed a Stage 3 ban on outdoor watering, except drip and hand watering of trees and shrubs.
Restrictions have also been imposed on vehicle washing, washing of impervious surfaces, use of
water by restaurants and lodging establishments and operation of fountains. Deliveries under
fixed-amount contracts have been reduced by 30%. Drought surcharges have been imposed on
all customers who use more than 70% of past use, and new taps are subject to a 20% drought
surcharge. Drought surcharge proceeds are being used to fund responses to the drought and the
Hayman fire, future supply options and water conservation incentives and rebates.

Throughout this summer of increasingly more serious drought response, Denver Water has kept
the Chatfield recreation pool of20,000 acre feet fulL To avoid excessive evaporation, Antero
Reservoir in Park County has been drained. Eleven Mile and Dillon are at 60%, Cheesman at
50%, Williams Fork at 13%, Wolford at 4%, Gross at 40%. System-wide, Denver Water's
reservoirs are only 48% of capacity, yet Chatfield remains full. Probably no. other boating
facility in Colorado has remained unaffected by the drought. Certainly recreation at Dillon,
Eleven Mile, Williams Fork and Gross has been badly impacted. Denver Water's commitment
to recreation at Chatfield has been amply demonstrated over the years and during this drought.

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