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3228 12, WATER RIGHT - Las Animas Consolidated Canal Company and Consolidated Extension Canal Company CASE NUMBER - 80CW52 (Water Division 2) An upstream transfer of the water was applied for in 85CW130, but was denied by the water court, which was affirmed by the Supreme Court in 1992. Public Service has again applied for an upstream transfer in 90CW49, 50, and 54 TOTAL ACRES - 5826 acres affected of 6950 acres TOTAL MOVED - 430.33 shares out of 562.0 shares of the Las Animas consolidated Canal Company (77%) and 660.25 shares out of 1233,0 shares of the Extension Canal Company (54%) % MOVED Approximately 84 % of acreage ACREAGE DRIED UP TO DATE. 0% - however some shares have been moved within the canal system to give certain lands a fuller supply while drying up other lands, FROM Various individual share holders under the name Conexsel Group TO. Public Service Company of Colorado DATE Option 1978~ decree 1984, purchase 1985 PRICE,. $2000 ac. ft, average annual yield consumptive, Total price $25 million. Average (, ) annual yield of 12,500 ac. ft. consumptive calculated by W. W. Wheeler Engineering in 1985 DECREED TERMS AND CONDITIONS - 1) water diverted and measured a existing point of diversion 2) historic return flow continued 3) land required to be dried up when use changed 4) 5 year retained jurisdiction 5) required use of water rights at specific plant site. 6) historic stream depletion of the rights purchased decreed at 13,200 ac. ft. annually AGRICULTURAL IMPACTS - At this point in time there has been a limited impact agriculturally, some of the poorer land has been taken out of production and water has been transferred to the more productive lands. ECONOMIC IMPACTS - The investment of a coal fired power plant to be constructed in the area does not appear likely, especially since Public Service Company is trying to sell its water, If the plant had been constructed, it would have a major positive impact on the local economy. If Public Service is successful in their attempts to move or sell the water, then there will be an economic impact in the area from the loss of the agricultural production that has been taking place in the area. Loss of the irrigated lands would impact the local real estate tax base and affect local governments and schools. In addition, other water rights on the Arkansas River have had to pay the associated costs of hiring attorneys and engineers to protect their water rights as the result of the attempt by Public Service Company to transfer this water right from the Las Animas area to () '-..,/ A2-18 - ".- ;..~: - ""O~_-,-_ --,- --o~-_ 7'.. <,~':''':':'~.:_ :_, -_~'. -,;