PROJ00084

• Contract/PO #: C150139
• Contractor Name: Coal Creek
• Contract Type: Loan
• Water District: 0
• County: Fremont
• Bill Number: MC3
• Loan Projects - Doc Type: Feasibility Study

(1) Flc:rence Treatment Plant Diversion Works, located on the
Arkansas River in the NEl/4 NWl/4, Sec. 16, TI9S, R69W.
(2) Flocence - Coal Creek - Williamsburg Reservoir, located in
Oak Creek in the WI/2, Sec. 17 end EI/2 Sec. 18, TI9S, R69W. This reservoir has
as its source either Oak Creek wate.r, or Arkansas River water diverted at the said
Florence Treatment Plant Diversion Wc:rks.
(bl It is further sought to lBe the water from the rights listed in
Paragraph 5 hereof for municipal purposes.
(el It is further sought to oonfirm the historical and {resent points of
diversion of the water rights owned by the City of FI<l"ence out of Newlin, Mineral and
Adobe Creeks as described in Paragraph 5 hereof.

7.. The di version facility described as the Fl<l"ence Treatment Plant Diversion

Works will dvert the flowing water in the Arkansas River as distinguished from

groundwater. The diversion structure shall be so cons1ructecl as to take the flow of the

stream of the Arkansas River and not the groundwater associated with said river.

However, a sand or gravel pre-filtering system may be incorporated therein provided

these condi tions are met.

8. Water Rights to be Augmented. Applieants heve filed an Applioation for

Water Rights in Case No. 80CW91 and an Applicaton for Water Storage Right in Case No.

80CW92 in this Court, requesting mljudioetion of oonditiona.l water rights to divert 100

efs at the location listed in Paragraph 6(aXl) of this Decree, and to store 2250 scre feet

in the reservoir described in Paragraph 6(aXZ) of this Decree, for municipal and other

beneficial uses. The said water rights would be quite junior and would ouly be allowed to

divert or store water during flood periods, unless augmented.

9. Transfer of Applicants' Union am Fremont Ditch Shares. The municipaJ.
use of Union Ditch water win have a lower consumptive 1.5e percentage than was
historically the case. Therefore, if municipally owned water in the Union Ditch is
diverted fOf municipal 1.5e at the new point of diversion, there will be a net benefit to
the stream. This excess water returning to the river may be lEed for augmentation
pUfI;X)seS as more particularly described hereinafter. However, Applicant may physically
divert from the Arkansas River only the water represented by its (1"oportionate share of
stock in the Union Ditch.

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