Ruling and Decree
<br /> Case No.2009CW271
<br /> City of Longmont
<br /> July 31% February 1.3%
<br /> August 35% March 1.1%
<br /> September 43%
<br /> October 74%
<br /> Factors to be applied to Factors to be applied to
<br /> daily diversions total Apr-Oct diversions
<br /> J. Sources of return flow replacements. The return flow replacements
<br /> required herein shall be made using the Longmont Coffin Davis Right water made available to
<br /> Longmont pursuant to the changes adjudicated in this Ruling and Decree(via deliveries to Dry
<br /> Creek or the Mine Permit Area through the augmentation station) and/or using any other water
<br /> available to Longmont that is fully-consumable or is otherwise decreed for such purposes,
<br /> including without limitation the following:
<br /> i. Longmont's right to transmountain water derived from the United
<br /> States Department of the Interior, Bureau of Reclamation, Colorado-Big Thompson Project, via
<br /> the St. Vrain Supply Canal and the Southern Pipeline. The point of delivery to St. Vrain Creek
<br /> of said Supply Canal is located in the NW1/4 NW'/ of Section 20, Township 3 North,Range 70
<br /> West of the 6th P.M., Boulder County, Colorado. Said Supply Canal has a capacity of 575 c.f.s.
<br /> These rights will include Longmont's share of water rights resulting from the Windy Gap Project
<br /> (a/k/a Six Cities Transmountain Diversion). The Windy Gap Project is a transmountain water
<br /> diversion project that delivers water from the Colorado River Basin to the South Platte River
<br /> Basin. Decrees for the Windy Gap Project include, without limitation, the decrees entered on
<br /> October 27, 1980 in Civil Action No. 1768, District Court,Grand County, State of Colorado and
<br /> Case Nos. W-4001 and 80CW108, District Court, Water Division No. 5; the decree entered on
<br /> February 6, 1989 in Case No. 88CW169, District Court, Water Division No. 5, State of
<br /> Colorado; and the decree entered on July 19, 1990 in Case No. 89CW298, District Court, Water
<br /> Division No. 5, State of Colorado. Notwithstanding the foregoing provisions,this Ruling and
<br /> Decree is subject to the terms of the Stipulation between Longmont and the Northern Colorado
<br /> Water Conservancy District, dated February 25,2010, more fully described in Paragraph 22,
<br /> below.
<br /> ii. Button Rock Reservoir(Amended Lyons Storage Reservoir),
<br /> Reservoir Priority No. 33, appropriation date February 8, 1910, for 1,765 acre-feet; Button Rock
<br /> Reservoir(Enlarged and Amended Longmont Reservoir No. 3),Reservoir Priority No. 35,
<br /> appropriation date July 3, 1926, for 2,866.5 acre-feet; Button Rock Reservoir(Enlarged and
<br /> Amended Longmont Reservoir No. 3)First Enlargement, Reservoir Priority No. 53A,
<br /> appropriation date May 27, 1964, for 13,330.7 acre-feet; Button Rock Reservoir(Enlarged and
<br /> Amended Longmont Reservoir No. 3) Second Enlargement, Reservoir Priority No. 53B,
<br /> appropriation date May 27, 1964, for 32,551.1 acre-feet, conditional. The foregoing rights and
<br /> priorities were adjudicated by decree dated February 25, 1971, in Civil Action No. 20716 in the
<br /> District Court in and for Boulder County. This instream reservoir is located on the North St.
<br /> 9
<br />
|