2016-05-18_REVISION - M1989029 - Laserfiche WebLink

Home Browse Search

Ruling and Decree Case No.2009CW271 City of Longmont F. Total amount decreed. The Coffin Davis Ditch was adjudicated in the amount of 1200 customary inches, for Priorities 31 &45, combined,which amount has been interpreted by the State Engineer of the State of Colorado as being the equivalent of 27.05 c.f.s. Of this, the 1981 Decree changed Priority 31, in the amount of 17.3 c.f.s.,to the alternate point of diversion. G. Decreed uses. Irrigation and stock water. H. Amount of water changed herein. Longmont owns and/or has a lease- purchase option for the entire 17.3 c.f.s. interest changed by the 1981 Decree, and is further changing such 17.3 c.f.s. (the "Longmont Coffin Davis Right") for the purposes described below. I. Historical use. The historical use of the Longmont Coffm Davis Right is described in an engineering report dated February 2010,prepared by Deere&Ault Consultants, Inc. ("Report"). Both the conclusions in the Report and the findings in this Ruling and Decree relating to historical diversions,consumptive use, and return flows are based on a study period utilizing the years from 1950 through 1990. The period from 1950 to 1990 was properly used as the representative study period for the Longmont Coffin Davis Right because mining of the historically irrigated property began in 1991, at which time the Longmont Coffm Davis Right was used as a replacement water source for mining operations in accordance with temporary substitute supply plans approved by the State Engineer pursuant to § 37-90-137(11), C.R.S. The Report utilizes the same methodologies for quantifying historical use and developing terms and conditions in the present case as have been approved in numerous prior change decrees in the St. Vrain Creek basin. The court fmds that the study period and methodologies utilized in the Report provide a consistent, accurate and representative record of the historical beneficial use of the Longmont Coffm Davis Right. Based on the Report,the court finds that: i. Irrigated acreage. The Longmont Coffm Davis Right has historically been used to irrigate an average of 315.5 acres of land generally located in portions of Sections 7, 8, 17 and 18, Township 2 North, Range 68 West, 6th P.M.,Weld County,Colorado, shown on Exhibit B. Approximately 36 acres of the total 315.5 acres of land historically irrigated are located outside the Mine Permit Area; these 36 acres are owned by Longmont. ii. Average annual diversion. The average annual irrigation diversions for the Longmont Coffin Davis Right during the study period are 951.2 acre-feet. iii. Historical consumptive use. The average annual consumptive use attributable to the Longmont Coffin Davis Right during the study period is 523.1 acre-feet. 7. Description of changes adjudicated. In addition to the original decreed uses for irrigation and stock water, Longmont herein adjudicates alternate uses for the Longmont Coffm 4