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, , .":0. . ':. ': ^, r, ~" 'oil.)V, ,. .> .or: ~ . ..~~ ".. La Junta (Colorado) Trlbulle.Democral-Mon.. May '11. 198A-Page:J Arkansas River Water Storage Consent Decree Undecided ,^ By AL BURTIS Getting an agreement between 23 water users on the Arkansa5 River stalled Friday when three u.sers objected to asking a consent decree from the water court. A coQ.Sent decree modelled on the Illme terms whieh have lor three years governed the voluntary storage of winter water by 13 irrigation ditches between Pueblo Dam and John Martin Reservoir. The 10 water users involved, in addition to the 13, include the Southeallt WaleI' Conservancy Dl..str1cl, plu.s nine upstream water users, all of whom have contributed water to the winter woter storage program of the J3 ditches. The Friday meeling, held in the La Junta municipal building, was at- tended by both memben of the 13 ditches involved in the voluntary storage of winter water, plus representatives of the upstreall) water users. The Friday meeting had been caUed to further discuss seeking a court decree prior to November 1~, ,..., Come November there will be no storage of winter water without a court decree - or un.Iess the 13 dit- ches again agree, at the last minute, to continue for the ninth time, a voluntary winter water program. When the Friday meeting was adjourned, the chairman, C.1... (Tonuny) Thomson, called for &noUter meeting at 1:30 p.m., municipal building in La Junta, for Friday, June 22- Prior to lhat mceUng, Tho~on' asked for two thinKS: - ThoIt Colorado Springs and Colorado Canal get together and hopefully settle their differences. -WheUter or not the Fort Lyon Canal Company would agree to share with other ditches in the transit loss in delivery of water to Amity Canal Company. . + + + + nURD APPROVAL Although baslcally the voluntary winter water storage program has been practically unchanged for Last three years, with almost exactly the same distribution of waler each year, yet in each of the three years, ap- proval W8.5 never automaUc. CompromJses had to be made each year. And except for the WU"Uffied aplomb of the chainnan, C.1... (Tonuny) Thomson, lhe storage prognun might have been buried a dozen times over. Compromises was nothing new. Such had been true since the start of the volunl.3ry winler water storage . program nine years ago. Every mgation ditch knew Uwt the storage of Irrigation water was an unlold boon lo the Valley. Yet every irrigation ditch was suspicious it was being taken by its neighbors. Particularly: the ditches with storage decrees were adamant against letting direct-flow ditches store winter water. Thill innate suspicion, possibly di:;trllSt, will make It difficult to obLain consent for freezing' the program into a court decree. It took six years of head-knocking for 13 ditches in the Volley to agree on the first rive winter waler volunLary storage programs. One year, out of the six, neither "carrots" nor head-knocking produced a compromise. Durmg lllese first six years, asking the water court for a decree, would have been futile. Then lhree years ago, it appeared a shake-down compromise had been achieved in an agreement with which the ditches might be willing to live wiU1. For the ground rules for water distribution arrived at for the 1981- 1982 program, were essentially repeated in the 1982-1983 program. And the same ground rules were essentially repeated in the 1983-1984 storage, a program which ended March IS, 1984. + + + + LAST 3 PROGRAMS 1981.1982 VOLUNTARY WINTER WATER prOKram was saved at the last mlflulc when the demands of lhe Colorado Canal were met uy a coalition of upstream "waler angels." The upstrcsm anJ:els con- sisled of waler users above Pueblo Dam, consisting of Colorado Springs, CF&I, Pueblo Water Works, Twm Lakes and others. The 2,250 acre feet was new water to the lower Valley. Water which the upstream water users could I'wve kept. but which they bypassed. But the 2,250 acre feet saved the 6th voluntary winler water storage program. 1982-]983 VOLUNTARV WINTER WATER program used the same fonnula for. water distribution, with Colorado Canal getting 2,2S0 acre feet, again bypassed by the upstream water users. But the lengUi of the 1982.1983 program was shortened. OriglfUllly the program was scheduled for only 112 days. But, at the last minute, il was extended to a fu.ll four months. 19I13-1984 VOLUNTARV WfNTER WATER PROGRAM was stalled until the last moment when Amity Canal Company demanued a greater percentage pf waler. nien settled when it was agreed that in the (uture transit loss for all ditches, be com- puted using USGS (igures, and that the conservancy district provide water to compensate for the AmJty transit loss. But thLs extra water W8.!l (or one- time. Since then all ditches, e:lcept the Fort Lyon, have agreed to donate the transit loss water to AmIty. + + + + 1lIREE OBJECTIONS Altorney Kevin B. Plott, for the conservancy district presented to the Io'riday meeting' lwo docwnents . needed to petition Ole water court for a consent decree: I -Stipulation and agreement to purnue a winttr water storage decree. for signature of 23 water use~. 2 -Operating plan for Ole proposed winler water storage plan. Piau made it plal1l that the model used was lhe last voluntary winter water program. Nothing added. Nothing deleted. Three objections were expressed: 1 -Amity Canal (Cliff VerhoeU) broughl up again Amity's contention lholl the operating plan lor John Martm Reservoir be increased to allow for a 21J,OOlI acre feet con- servation pool, (rom 1S,OOO acre feel 2 --Colorado Sprlngs Utilities DcpDrtment (Harold Miskel, lodged a complaint over continuing the 2,2:10 acre feeL to Colorado Canal Com- pany. A donation which Colorado Springs has in the past, participated in providing. 3 -Rocky Ford Ditch (;{Impany (E. G. Kiuder, conlended that although the Rocky Fon! had always ab- stained from the winter water storage program It was a dl!lerent maller when the program might be decreed. Kidder wanted assurance Uwt Rocky Ford could, aL some later dllte, have the option of partJclpaUon. + + + + A'ITORNEY GENERAL The office of the Colorado Attorney General was represented at Friday's meeting, by the First Assistant Attorney General, William A. Paddock. ApparenUy Paddock's attendance, the first time' the attorney general has been represented at a meeting of the winter water storage cOnunJltee might have stemm~ (rom th~ possibility that Kansas has threatened suit against Colorado in regard to the Kansas claim that Colorado is hilling to deliver all Arkansas River wnter which Kan.saa claims under Ole Colorado-Kansas water compact. Which means, any storage of water by Colorado, could become a matter of controversy.