1997-06-13_REVISION - M1981302 (61)

Home Browse Search

VII. WATER RIGHTS & IRRIGATION Water rights issues play a significant role in the development and interim use of the ' Flatiron Property. According to the seller, the Flatiron Property holds ownership in 30. 2 shares of the Dry Creek No. 2 Ditch Company. This Ditch has a decree for 69.0 cubic ' feet per second of water and was adjudicated on June 2, 1882 with an appropriation date of May I, 1864. This decree appropriation date gives the Dry Creek No. 2 Ditch a No. 9 Priority on South Boulder Creek in Water District 6. Water District 6 (District 6) is a sub-district under Division 1 of the State Engineer's Office. The State Engineer's Office ' is the State Department which regulates the "waters of the State" in Colorado and under which Water Court resides. District 6 regulates and manages water matters in Boulder ' County for the State Engineers Office (SEO). ' Dry Creek No. 2 Ditch is actively used for irrigation of pasture grass along South Boulder Creek and has an average water yield of 5.47 acre feet per share. Water is generally available in the ditch from May through August. Irrigation water diverted from the ditch ' on the Flatiron Property has historically been supplemented by groundwater flowing from the higher areas on the west and by return flows of water from upland irrigated acreages. ' Mining of the site has resulted in the temporary elimination of irrigation on the Flatiron ' Property. As the site is reclaimed, irrigation will again be required to re-establish vegetation. ' Dry Creek No. 2 Ditch Shares The current owners of the Flatiron Property hold 30.2 shares of Dry Creek No.2 Ditch ' stock. Based upon the value of a share of Dry Creek No. 2 Ditch water, if all 30.2 shares were cortunitted to an irrigation plan approximately 70 acres could be fully irrigated. This ' acreage is determined by the number of acre feet of water represented by a share of the 1 ' -22-