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Ruling and Decree
<br /> Case No.2009CW271
<br /> City of Longmont
<br /> Davis Right to allow for direct use and storage for municipal,reclamation,replacement,
<br /> augmentation and exchange purposes, both within and without Longmont's city limits as they
<br /> now exist or may exist in the future. "Municipal use" includes all municipal uses, such as, but
<br /> not by way of limitation, domestic, commercial,manufacturing, industrial, agricultural, watering
<br /> of parks and lawns and gardens, fire protection, generation of electric power and power
<br /> generally, recreation, fish and wildlife propagation, wastewater treatment, street sprinkling, and
<br /> maintenance of adequate storage reserves. Such purposes shall include the right to use, reuse,
<br /> successively use and dispose of the water to extinction.
<br /> When using the Longmont Coffin Davis Right for the foregoing alternate uses,Longmont
<br /> may store water from the Longmont Coffm Davis Right in Union Reservoir and any enlargement
<br /> thereof, located in Sections 29, 30, 31 and 32, Township 3 North,Range 68 West of the 6th P.M.,
<br /> and upon parts of Sections 5 and 6, Township 2 North,Range 68 West of the 6th P.M., Weld
<br /> County, Colorado. Such storage will occur pursuant to the exchanges described in Paragraph 13,
<br /> below, and/or by re-diversion at Longmont's Pump Station No. 2, a proposed pump and pipeline
<br /> to carry water from St. Vrain Creek to Union Reservoir,with an inlet to be located at a point on
<br /> the west bank of St. Vrain Creek approximately 190 feet North and 2700 feet East of the
<br /> Southwest corner of Section 4, Township 2 North, Range 68 West of the 6th P.M., Weld County,
<br /> Colorado, and depicted on Exhibit A.
<br /> 8. Terms and conditions of change. So long as the terms and protective conditions
<br /> specified hereinafter are followed,the court finds that the Longmont Coffm Davis Right may be
<br /> changed, as described above,without material injury to the vested water rights and decreed
<br /> conditional water rights of others, and without enlargement of the Longmont Coffm Davis Right:
<br /> A. Diversions. Diversions of the Longmont Coffm Davis Right for the
<br /> alternate uses described above shall continue to be made at the Coffin Davis headgate on Dry
<br /> Creek, when in priority, at a maximum rate of 17.3 c.f.s. A portion of the Longmont Coffin
<br /> Davis Right may continue to be used for the original decreed irrigation purpose on the 36
<br /> historically irrigated acres located outside of the Mine Permit Area, with proportionate reductions
<br /> in the amount available to Longmont for the alternate uses, as described in Paragraph 8.J., below.
<br /> Prior to April 15th of each year, Longmont shall specify to the Division Engineer and Water
<br /> Commissioner, in writing,the percentage of the Longmont Coffm Davis Right to be used that
<br /> year for the original decreed irrigation use, if any, and the percentage to be used for the alternate
<br /> uses. Following such annual designation, the percentage designated for irrigation use may not be
<br /> changed to the alternate uses for that year, nor shall the percentage designated for the alternate
<br /> uses be changed to irrigation use for that year. Diversions of the Longmont Coffin Davis Right
<br /> for the alternate uses shall then be limited, for that year,to a rate equal to 17.3 c.fs. times the
<br /> percentage of the Longmont Coffin Davis Right being used for the alternate uses. For example,
<br /> if 11.5 percent of the Right is being used for irrigation of the 36 historically irrigated acres
<br /> located outside of the Mine Permit Area, then the flow rate limit for the alternate uses would be
<br /> 5
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