Laserfiche WebLink
Hills from irrigating those lands with water approved in a substitute water supply plan or water <br /> rights decree, with nontributary groundwater, or with water from a municipal or district water <br /> provider. <br /> 7.2 Amendment to Change of Water Rights. The Application seeks to amend the <br /> changes of water rights in the Consolidated Decree by providing a supplemental source of <br /> replacement water for out-of-priority non-irrigation season historical irrigation return flows. As <br /> provided in the Consolidated Decree, p. 21, ¶ 26, historical non-irrigation season return flows <br /> from the Changed Water Rights that are required to be replaced when out-of-priority equal 51.79 <br /> acre feet. Monthly replacement requirements were decreed as follows: <br /> Winter Return Flow Replacement Obligations <br /> Nov. Dec. Jan. Feb. Mar. Total <br /> Fisher Ditch 12.08 10.28 8.59 7.19 5.32 43.46 <br /> Kershaw Ditch 1.22 .68 .34 .16 .06 2.46 <br /> Manhart Ditch 1.51 1.50 1.26 1.03 .57 5.87 <br /> Totals 14.81 12.46 10.19 8.38 5.95 51.79 <br /> The Consolidated Decree provides that the 51.79 acre feet of non-irrigation season return <br /> flows will be replaced by releases from Magic Mountain Reservoir, Gordon Lake or other <br /> smaller ponds, of water stored pursuant to the Changed Water Rights by exchange or of water <br /> stored in these facilities in priority. Consolidated Decree ¶¶34, 35. Gordon Lake is hereby <br /> eliminated as a source of releases of replacement water under the Consolidated Decree. In <br /> addition, the Applicant shall replace historical non-irrigation season return flows for the Changed <br /> Water Rights by releases of water under the Coors leases or additional sources of replacement <br /> water that the Applicant may acquire or lease and add to this augmentation plan pursuant to the <br /> procedures of Paragraph 6.4.3 of this Decree. <br /> 7.2.1 The requested amendment adds an additional source of water, the Coors <br /> Lease water, to replace out-of-priority non-irrigation season return flows under the Consolidated <br /> Decree. There is adequate water under the Coors leases available to satisfy the requirements of <br /> the Consolidated Decree and reliance on that water as a source of replacement supply under this <br /> augmentation plan will not injure any vested absolute or decreed conditional water rights if it is <br /> delivered pursuant to the terms and conditions of this Decree. As discussed above, Applicant's <br /> right to use water under the Coors leases is coextensive with the term of the leases and will <br /> terminate with those leases. <br /> 7.2.1.1 To the extent any additional source of water furnished by Coors to <br /> Martin Marietta includes water delivered by Thornton to Coors pursuant to existing agreements <br /> Judgment and Decree <br /> Application of Martin Marietta Materials,Case No. 13CW3053 <br /> Page 14 <br />