Laserfiche WebLink
Thomas A. Williamson • • Page 2 <br />September 4, 1996 <br />such as its Artide II Storage Account waters. fn return, during periods when it has excess Fort <br />Bent vedi~ available, Ali Rite wilt make those credits available to LAWMA. <br />As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has <br />been provided to an outside consultant for review. The consultant has recommended approval <br />of the plan by way of a draft of this letter. Based upon statutory requirements and the recom- <br />mendations of the consultant, I hereby approve the proposed substitute water supply plan in <br />accordance with Section 37-80-120, C.R.S., subject to the following conditions: <br />1. The proposed plan to release water from the Fort Bent Canal to Clay Creek must be <br />put: into effect, at least as to the 50 shares of Fort Bent Ditch Company stock owned by <br />All Rite. The releases on behalf of All Rite shall not be less than 0.33 percent of the <br />concurrent Fort Bent Ditch headgate diversions of water for company shareholders. <br />Thrs rate is based upon the pro rata interest represented by 50 out of a total of <br />11.651.2 outstanding shares of company stock, multiplied by a 77 percent canal effi- <br />dency for the Fort Bent Ditch system. Such releases shall be measured by means ac- <br />cel~table to the Division Engineer. <br />2. LAWMA may make use of the historical depletion credits attributable to the All Rite <br />sh+ares that exceed All Rite's replacement requirements on a monthly basis, as shown <br />in ~:,olumn 8 of the attached table. <br />3. LA WMA shall make releases to the Arkansas River or its tributaries from other <br />so~~rces to replace All Rite's current depletions and historical rewm flows from Novem- <br />berthrough March, as shown in Column 9 of the attached table, plus amounts neces- <br />sary to account for all transit losses as may be determined by the Division Engineer. <br />Releases of all water, inducting those portions representing the period prior to the date <br />of this letter, shall be coordinated with and under the direction of the Division Engineer. <br />4. If the Division Engineer determines that the change in location of return flows at- <br />tributable to the All Rite shares from their historical location to the mouth of Clay Creek <br />would injure any intervening water right on the Arkansas River, he shall direct IAWMA <br />to provide replacement water, plus amounts necessary to account for all transit losses <br />that he may determine, at a point upstream from such calling water right to prevent the <br />potential injury. <br />5. A well permit for the gravel pit must be obtained and kept in good standing. Prior to <br />ar~y use of the existing domestic well on the property (permit no. 144183-A) a well new <br />permit allowing the appropriate commercial uses must be obtained. The permit appli- <br />cations previously denied, AD-13759 and AD-13760, will be evaluated for reversal pur- <br />suant to this plan. <br />6. Adequate accounting of depletions and replacements must be provided to the Wa- <br />ter Commissioner and/or Division Engineer on fortes and at times acceptable to them. <br />Accounting must show, at a minimum: <br />A. Each of the four categories of depletions shown in the attached table, <br />B. Total actual monthly depletions to be replaced, <br />C. Actual headgate diversions by the Fort Bent Ditch for shareholders, <br />D. Actual releases to Clay Creek attributable to the All Rite shares, <br />