2008-08-01_REPORT - M1977184

• Permit No: M1977184
• IBM Index Class Name: REPORT
• Doc Date: 8/1/2008
• Doc Name: Annual Fee/Report/Map
• From: City of Fort Collins
• To: DRMS
• Permit Index Doc Type: Annual Fee/Report
• Media Type: D
• Archive: No

FINDN(.,S AND RULiNC; or -rHF REFFRF.F_' AND DECREF OF THE WATER COURT
CITY OF FORT COLLINS
Ca.+e Nu.: 2005CW2G2
Page 4 of I0
December 31. 1980. Fort Collins will use the replacement sources listed below to replace the
depletioms to the (.'ache La Poudre River established by this decree at the time and in the amount
and lomtion that they occur, to the extent that such depletions are out-of-priority.
.?ttidies c(i.nductcd by Fart Collins show that there are currently 51.34 surface acres ofexpose(i
:rater in the Kingfisher Point Ponds. Of this amount, 40,64 acres was exposed on or before
Dec(nTiber 3l, 1980, and is grandfathered from the statutory augmentation requirements. The
remaininv 10.7 acres was exposed subsequent to December 31, 1980. Fort Collins'studies show
that, using the State Engineer's SB-120 guidelines, the net evaporation value applicable to the
10.7 non-grand-fathered surface acres under this plan for augmentation is 2.34 acre-feet/acre per
year. Total depletions to the Cache La Poudre River are 25.05 acre-feet per year. Fort Collins'
studies show that approximately 18.3 acre-feet of this amount occurs during the April to October
irrigation season. The remaining 6.75 acre-feet occurs during the November to !March non-
irrlgatioll season.
11. LocntiUn of DeWctions: Depletions resulting from evaporation from the Kingfisher Point
Ponds will impact the Cache La Poudre River immediately downstream from the location of the
structures, as described above,
1 G• Watel- gjZh.ts to be Used for AuMentation: Fort Collins owns or controls water right's
that have previously been decreed as fully consumable and which are available as augmentation
sourMS for this Pl;u1 fbr Augmentation. Fort Collins may use water from any or all of these
water rights under this plan to replace the out-of-priority depletions resulting from evaporation
lc?sse s CI-U111 the Kingfisher Point Ponds. Water from these replacement sources can be delivered
to the Cache La Poudre River upstream from any calling water right located downstream from
doe Kin glisher Point Ponds. Water from-these replacement sources may be delivered by direct
l.rsc, release fi'oln storage, or discharge from Fort Collins' wastewater treatment facilities. The
water rights that will be used for replacement under this plan are described as follows:
A. Arthur Irrigation Company Shares: Fort Collins owns 391.3642 shares that were
ahau?. ,W to include consumptive use and augmentation use in Case No. 92CW 129, Water
Division No. 1, by decree dated October 2, 1996. The Arthur Irrigation Company owns several
surface water rights, itrcluding Priority No. 2 with an appropriation date of Junc 1, 1861: Priority
Sao. 1 ?:?, ?.; itli an appropriation date of July 1. 1586; Priority No. 29, with an appropriation date of
June 1. 1808; Priority No, 32, with an appropriation date of,tune 1, 1869; Priority No. 38, with
an appropriation dat_o of April 1, 1871; Priority No. 52, with an appropriation date of,luly 20,
1872; and Priority No, 68, with an appropriation (late of September 1, 1873.
B. Larrmer County Canal No. 2 Irrigating Company Shares: Fort Collins owns
67.5615 shares that were changed to include consumptive use and augmentation use in Case No.
92CW 129, Waiter Division No. 1, by decree dated October 2, 1996. The Latimer County Canal
No. 2 Irrigating Company owns one surface water right, Priority Nto. 57 with an appropriation
(ante of.lpril 1. 1873.