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<br />SECTION IV <br />WATER RIGHTS AND WATER RESOURCES <br /> <br />GENERAL <br />A water district serving municipal water to customers has the obligation <br />of furnishing water to its customer~ day after day, year after year, even <br />in a series of dry years. To meet this obligation, the system must have the <br />legal right to take the water at the time that it is most needed, and also <br />the water must be in the stream to be taken. <br /> <br />The diversion of water by the proposed Allenspark Water and Sanitation <br />District would be from public streams, and, therefore, subject to the <br />Jaws of the State of Colorado. At times when there is not sufficient <br />stream flow to satisfy demands of all water users, the State would reg- <br />ulate and control diversions of water from these streams. The State's <br />authority is exercised by the State Engineer and his subordinate water <br />officials. For purposes of water administration, the State of Colorado <br />has a number of irrigation divisions. Within each division there are <br />a number of water districts. Regulation within a District is a-ccompl ished <br />by a Water Commissioner. <br /> <br />The streams from which Allenspark will take its water are tributary to <br />the North St. Vrain Creek, a tributary of the South Platte River. The <br />St. Vrain Creek is within Irrigation Division #1 and Water District #5. <br />District #5 is subject to South Platte River demands in District Nos. <br />2, 1, and 64, all the way to the State Line. The State regulates diver- <br />sions on the basis of priorities which are decreed by the District Court <br />in which the water was first appropriated, and put to beneficial use. <br />Water rights with early appropriatio~ dates take precedence over rights <br />of later dates. The court decrees establish a priority and also specify <br />the permitted magnitude of diversion in terms of the rate of flow, or by <br />volume of water in the case of storage rights. <br /> <br />The St. Vrain Creek and the South Pl~tte River are allover-appropriated; <br /> <br /> <br />that is, there are more water rights and more water demands than there is <br />