DWR_3539567 - Laserfiche WebLink

Ms. Mitchell and Ms. Ris December 14, 2018 Page 8 of 9 extension to allow the Applicants to comply with a condition requiring a firm return flow replacement plan at the application stage. II. RESERVATION OF RIGHTS. Tri-State respectfully requests the selection of the CS-U Pilot Project Proposal include terms and conditions described in Section I of this letter. However, if the Proposal is selected or approved without the terms and conditions that Tri-State deems necessary to prevent injury, or if the project is injurious in its operation, Tri-State reserves the right to raise all issues with the CS- U Pilot Project and pursue them before the CWCB, State Engineer, and Division 2 Water Court. These include but are not limited to the issues described in this letter and additional comments that Tri-State may provide in the future, including comments at the application stage of the CS-U Pilot Project. Nothing in this letter waives Tri-State’s rights under Colorado law or establishes a precedent regarding lease-fallowing or pilot projects. Without waiving its right to comment further during the application stage of the CS-U Pilot Project, Tri-State notes the following additional issues with the Proposal:  H.B. 13-1248 requires that “during the term of a pilot project, land and water included in a pilot project is not also included in a substitute water supply plan . . . an interruptive water supply agreement . . . or another pilot project.” C.R.S. § 37 - 60-115(8)(d)(XI); see also, Criteria § II.L. The farms listed on Exhibit I to the Proposal appear to overlap with farms included in the Catlin Pilot Project approved by the CWCB in 2015.  The Proposal discusses trading of “depletion credits” with SWSPs at page 3. Such trades would violate the pilot project statute. C.R.S. § 37-60-115(8)(d)(XI).  Applicants claim the use of Winter Water Storage Program water as a potential replacement source. Proposal at 10. However, the decree in Case No. 84CW179 provides that “any future change of purpose or use is subject to proof of historic consumptive use, year round river depletions, and conditions to prevent injury under C.R.S. 37-92-305.” Decree ¶ W, at 22-23, Case No. 84CW179, Water Division No. 2 (Nov. 10, 1987) (emphasis added). This statutory reference in the decree requires a water court proceeding to change the use of any Winter Water Storage Program water. The inclusion of Winter Water Storage Program water in the CS-U Pilot Project is prohibited by the decree in Case No. 84CW179. CONCLUSION Thank you for the opportunity to comment regarding Applicants’ Proposal for the CS -U Pilot Project. Tri-State supports the CWCB’s selection of the Proposal with the terms and conditions listed in this letter. If the CWCB has any questions regarding this letter, please let me