2017-05-18_HYDROLOGY - M1980080

• Permit No: M1980080
• IBM Index Class Name: HYDROLOGY
• Doc Date: 5/18/2017
• Doc Name: Substitute Water Supply Plan
• From: Kilgore Companies
• To: DRMS
• Email Name: ACY
• Media Type: D
• Archive: No

Amended Application for Underground Water Right and Change of Water Right
Case No. 13 CW 3081
Ruling of Referee and Decree
Page 6
feet. The historical irrigation return flows for the Senior Evans Ditch are shown on
Table 3. The average annual consumptive use credits claimed for the Senior Evans
Ditch (102.51 acre feet) are shown on Table 4.
B. Historic Users' Pool: The Senior Evans Ditch water right was in existence and
diverted water under its absolute decree prior to October 15, 1977. The Senior Evans
Ditch water right has historically benefitted from Senate Document 80 historic users'
pool ("HUP")releases from Green Mountain Reservoir("GMR")and benefitted to
the extent that administration of water rights by the Division Engineer for Water
Division 5 allowed the continuation of diversions so long as reservoir releases were
made pursuant to the GMR Documents listed below.
The United States is the owner of GMR and the water rights decreed thereto in the
Findings of Fact and Conclusions of Law,the Final Judgment,and the Final Decree
entered on October 12, 1955 in Consolidated Civil Action Nos_2782,5016,and 5017
in the U.S. District Court for the District of Colorado ("Consolidated Cases"), as
implemented by subsequent orders,judgments and decrees in the Consolidated Cases
(collectively, the `Blue River Decree"). GMR is currently operated, and releases
from GMR are currently made and administered, in the manner provided in: (a)the
Blue River Decree; (b) Senate Document No. 80, dated June 15, 1937, 75th
Congress, 1st Session; (c) the Operating Policy for Green Mountain Reservoir;
Colorado-Big Thompson Project, Colorado, effective January 23, 1984 (Federal
Register, Vol. 48,No. 247,pp. 56657-56658), as amended effective September 11,
1987 (Federal Register, Vol. 52,No. 176, p. 34428)(the"1984 Operating Policy");
(d) the decree entered on October 1, 1996, in the Orchard Mesa Check Case, Case
No. 91CW247; and (e) the decree entered on November 10, 1992, in the
Consolidated Cases and Case No. 88CW382, Water Court, Water Division 5
(collectively, the"GMR Documents").
This Application does not seek to alter,affect or change in any way the operation of
GMR, or the water rights decreed thereto, under the GMR Documents,nor does it
seek to obligate the United States to operate GMR or make releases from GMR in
any particular manner. The operation of GMR is governed by all existing policies
and decrees, future judicial decrees, statutes, operating policies or other laws and
policies applicable to GMR and/or the HUP,including any governing documents or
principles regarding the timing and amount of releases from GMR for any individual
or group of HUP preferred beneficiary or beneficiaries. The status of the Senior
Evans Ditch consumptive use credits associated with the HUP is dependent upon the
administration by Water Division 5 of the decree entered in this case.
15. Names and addresses of owners or reputed owners of the land upon which any new diversion
or storage structure,or modification to any existing diversion or storage structure is or will be
constructed or upon which water is or will be stored, including any modification to the