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<br />. <br /> <br />. <br /> <br />. <br /> <br />-. <br /> <br />7. <br /> <br />Pumping to Last Chance Ditch <br /> <br />The Last Chance Ditch diverts irrigation water from the outlet at Chatfield Reservoir. Once the <br />water level at Chatfield drops below 5417, water can no longer be diverted by gravity to the Last <br />Chance ditch, Under an agreement between the CWCB and the United States, the CWCB is <br />responsible for costs required to pump water to the ditch if reservoir levels f"lL These costs <br />include installing a pump and piping and paying pumping costs. In recognition of the State's <br />budget shortfall and without any obligation to do so, Denver Water agrees to install the necessary <br />pump and pipe, prior to causing the water level to reach the level where pumping would be <br />needed. If Denver Water causes the water level in Chatfield to reach the point where water <br />cannot be supplied by gravity to the Last Chance Ditch, Denver Water will operate and maintain <br />the pump and pipe and pay pumping costs to deliver water to the Last Chance Ditch. <br /> <br />8. Conclusion <br /> <br />Denver Water has fulfilled its obligations to Chatfield for 25 years; it is time for the State to <br />honor its part of the bargain. If the worst drought in Colorado history is not enough for the 1979 <br />contract drought, then no drought ever will be. Ifno drought will ever trigger the 1979 contract <br />language, then Denver Water will never have access to its water. If Denver Water can never <br />access its water, then the fundamental "deal" that has allowed Chatfield to operate all these years <br />. is rendered meaningless, We ask the CWCB to determine that drought conditions exist, within <br />the meaning of the 1979 agreement, permitting Denver Water to access the water below5423 <br />under the guidelines proposed in this memorandum, <br /> <br />5 <br />