2012-11-02_REVISION - M1984094 (3)

Home Browse Search

Court and provide the basic yield of the annual allotment of 80 acre feet. 3. Lower Sacramento Creek Reservoir No. 1: MMRC owns a 25.2 percent interest in the Lower Sacramento Creek Reservoir No. 1. The Reservoir has been constructed and is decreed for the following uses: domestic, municipal, commercial, industrial, irrigation, fish and wildlife propagation, recreational and all other beneficial purposes, including exchange to compensate for depletions in the South Platte River or its tributaries: Adjudication Date Appropriation Date Amount (acre feet) 1974: Case No. W- 7741 -74 July 25, 1974 40 Case No. 2002CW389 Page 5 of 28 The Lower Sacramento Creek Reservoir No. 1 is located in the NE 1 /4, NW 1 /4, Section 32 and the SE 1 /4, SW 1 /4, Section 29, Township 9 South, Range 77 West, 6 PM, Park County, Colorado. Releases from that reservoir are made pursuant to the decrees in Case Nos. 84CW250 and 85CW465. D. Sessions Ditch consumptive use water. The Districts are the owners of 1.15 cfs decreed to the Sessions Ditch. The Sessions Ditch was originally decreed for irrigation use by the District Court of Park County in Case No. 341, entered October 18, 1889 under priority number 127 in water district no. 23. In the decree in Case No. 05CW111, water court for Water Division No. 1, entered April 18, 2007, the average annual historical consumptive use of the 1.15 cfs was quantified as 29.2 acre - feet /year and the 1.15 cfs of the Sessions Ditch was changed to all beneficial uses, including augmentation, substitution, replacement and exchange. The place of use was changed to lands within Park County and to allow storage before beneficial use. Applicants have the right to use and successively use until extinction the consumptive use yield of the changed Sessions Ditch water right, subject to the terms and conditions identified in the decree in Case No. 05CW111. This water can be stored for later release in Spinney Mountain Reservoir in the Districts 50 acre feet of storage space or in reservoirs to be constructed by the Districts that are identified in the decree in Case No. 05CW111, subject to the terms and conditions of that decree including, but not limited to, paragraph 10.8 thereof. 7. Structures to be Augmented. The Districts will augment various ground water and surface water diversion structures that apply to and are accepted into this plan within the boundaries described in paragraph 5, above (the