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FINDINGS AND RULING OF THE REFF.REL AND DECREE OF THE WATER COURT
<br />(Try OF FORT COLLINS
<br />Casa Nov 2WSCw262
<br />Page 5 of 10
<br />C. Ncv Mercer Ditch Company Shares: Fort Collins owns 44,81716 shares that were
<br />chali'e.cl to? include onsumptive use and augmentation use in Case No. 920'129, Water
<br />Division No, 1, by decree elated October 2, 1996. The New Mercer Ditch Company owns
<br />several surface water lights, including- Priority No. 25, with an appropriation date of October 1.
<br />186 f; Priority No. 33, with an appropriation date of September 1, 1869; Priority No. 47, with an
<br />appropriation date of October 10, 1871; Priority No, 49, with an appropriation date of July 1,
<br />1872; and Priority No. 98, with an appropriation dute of February 15, 1880.
<br />D, Wan'en Lake Reservoir Company Shares: Fort Collins owns 83.1892 shares that
<br />ix ere charred to include consumptive use and augmentation use in Case No. 92CW 129, Water
<br />Division No. I, by decree elated October 2, 1996, '[he Warren Lake Reservoir Company owns
<br />sf'ver.!1 u.lr-fir.ce ?tiatcr rights, including Priority No. 76, with an appropriation date of April I5,
<br />187f); 'Priority No. R-31. with an appropriation elate of January 10, 1893; and Priority No. R-100.,
<br />ev-ith an appropriation date of July 27, 1908.
<br />E. The Michigan Ditch Supplement System: water rights for the Michigan Ditch
<br />Supplement Systerrr were decreed to Fort Collins in Case No. 88CW206, Water Division No. 6,
<br />b,, decree: dated October 6. 1989, By this decree, Fort Collins is entitled to divert and use to
<br />eytinction 146 efs of water. This is transmountain water that is decreed for augmentation use.
<br />Subsequcnt diligence decrees related to this water right have also been entered by the Water
<br />Court for Water Division No. 6 in Case Nos. 95CW127 and 02CW96.
<br />F. Joe Wright Reservoir: Joe Wright Reservoir is owned by Fort Collins, and it has
<br />several decrees. The water rights available for use as augmentation sources under this plan come
<br />front: the refill right, which is Priority No. 136-Q, with an appropriation date of December 31,
<br />1921, decreed by the Larimer County.District Court in Civil Action No. 11217 on September 10,
<br />1953; and the enlargement right, which was awarded an appropriation date of February 18, 1971,
<br />by decree of the Water Court for Water Division No. I dated June 6, 1972. These two water
<br />rights Nverc changed to include fully consumptive use by decree in Case No. W-9322-78, Water
<br />Court for Water Division No. 1, oil April 24, 1979. Pursuant to these decrees, Fort Collins is
<br />c-ntitled to divert: and consumptively use approximately 6.471 acre-feet annually From Joe Wright
<br />Reservoir. Additional decrees making findings of diligence and determining that these water
<br />ri.gl have becon•ic absolute were entered by the Water Court for Water Division No. 1 in Case
<br />Nos. 'X-128. W-1424. W4963, 80CWI99. and 82CW412.
<br />G. Colorado-Big Thompson (CBT) Water: the City of Fort Collins (including the
<br />iocation of the Kingfisher Point Ponds) is located within the boundaries of the Northenrl
<br />Colorado Water Comservancy District. Fort Collins owns 18,855 Units of CBT water, which is
<br />tra1ls1110untain water. As set forth in the Interim Rule adopted by the Northern Colorado Water
<br />C'vnscrvancy District in May, 2005, to govern the use of CBT water in augmentation plans, Fort
<br />111ollins shall not use C'oforaoio-Big Thompson Project water as a replacement water supply
<br />-vvithin die plan for aulmicntation herein, unless prior to such use, Fort Collins notifies and
<br />obtains written approval from the Northern. Colorado Water Conservancy District specifically i
<br />711owingsuch use. if approved by Northern, Fort Collins may use CBT water in this plan.
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