PROJ00001

• Contract/PO #: C153168
• Contractor Name: Delta, City of
• Contract Type: Loan
• Water District: 40
• County: Delta
• Bill Number: SB 77-35
• Loan Projects - Doc Type: Feasibility Study

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divert water under this decree "at a point where the two springs ]Oln
below Little Battlement Reservoir." Also at this time, the A-116 right
was "decreed and designated as water for domestic and municipal
purposes." Because of its late priority number, water to fulfill this
right is usually only available in the non-irrigation season.

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The City of Delta Pipeline right for 40 statutory inches
(1.04 c.f.s.) from Dirty George Creek was acquired by the City
through condemnation proceedings in 1914. It has the first priority
on Dirty George Creek. Through the years the City has asked for and
received several alternate points of diversion under this right, as
shown in Table II-I. Three of these alternate points of diversion were
granted in the 1932 proceedings under Civil Case No. 2521. These
points are located at the outlet of the Little Battlement Reservoir,
at a large spring above the Little Battlement Reservoir, and at a
smaller spring near a branch of Dirty George Creek. The City was
granted the right to divert water or any part thereof from the
headgate on Dirty George Creek or to divert a portion from anyone of
the three alternate points and a portion from any other points as the
officers of the City may find more convenient and conductive to the
health of the inhabitants of Delta. The City was to use water
available from the smaller spring first before using the other
alternate points.

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In 1951, under Civil Action No. 3724, the City was granted
the further right and option of diverting its 40 statutory inches
at either the outlet of Battlement Reservoir No. 1 or at a point
where two springs ]Oln below Little Battlement Reservoir on a
tributary to Dirty George Creek. These two points are referred
to as the first additional and second additional point of diversion.
The court also decreed that whenever the City intercepts and picks up
more water than it is entitled to in the order of its priorities, any
surplus water so intercepted shall be returned to Dirty George Creek
at a point where the City Pipeline system crosses Dirty George Creek
immediately above the headgate of the Granby Ditch. Because the City
can utilize this right on a year around basis and because of its
dependability, it is undoubtedly the City's most valuable water right
on Grand Mesa.

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The City's records indicate ownership of a carrying right
in the Mountain View Mesa Ditch. In researching this right, it was
discovered there are four absolute water rights which are associated
with the Mountain View Mesa Ditch system, none of which are actually
owned by the City. However, in 1963, the City of Delta purchased the
Dugger and Pitcairn Reservoirs from Dan and Alberta Kehmeier and the
deed made reference to a Dugger Reservoir Feeder Ditch with a capacity
of 10.0 c.f.s. for which there is no court record. It is believed that
the Dugger Reservoir Feeder Ditch is the same as the Mountain View
Mesa Ditch No. 2 at headgate No.2. This ditch has a conditional
decree for 15.0 c.f.s.

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