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DWR_3539610
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DWR_3539610
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Last modified
12/9/2019 1:17:50 PM
Creation date
12/9/2019 1:17:47 PM
Metadata
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Template:
Division Filing
Document Date
11/20/2019
Document Type - Division Filing
Correspondence
Division
2
WDID
1707701
Subject
PILOT PROJECT - COLORADO SPRINGS UTILITIES SUPER DITCH HB1248 LAWMA REDLINE COMMENTS ON DRAFT CONFERENCE REPORT
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Applicants shall not operate the Pilot Project in a manner that would interfere with the lawful operation of the Fryingpan-Arkansas Project. Applicants will operate the Pilot Project <br /> in a manner consistent with the Lower Arkansas Valley Water Conservancy District’s subcontract with the Southeastern Colorado Water Conservancy District. <br />Applicants acknowledge that any Pilot Project approval does not give Applicants any rights to ownership or use of any Fryingpan-Arkansas Project structure, or any rights of ownership <br /> or rights to purchase or receive allocation of Fryingpan-Arkansas Project water, and does not alter any existing rights (including any right to renew existing contracts) Applicants <br /> may have. Applicants shall not use Fryingpan-Arkansas Project water for maintenance of return flows from irrigation use of any water rights utilized in this Pilot Project. <br />Applicants shall not operate the Pilot Project in a manner that would interfere with the lawful operation of the Fryingpan-Arkansas Project. Any water stored in Pueblo Reservoir as a <br /> part of this Pilot Project shall be beneficially used within Southeastern’s district boundaries. <br />Use of Winter Water to meet return flow obligations from the fallowing of historically irrigated lands shall be consistent with the terms and conditions contained in the Winter Water <br /> Storage Program (“WWSP”) decreed in Case No. 84CW179 (Water Div. 2) and Southeastern’s contract for Winter Water storage in Pueblo Reservoir. Applicants Winter Water shall be delivered <br /> through the Catlin Canal during the period of March 15 through November 14 at the same time as deliveries of Winter Water Storage are made to other Catlin Canal shareholders. Applicants <br /> shall not operate exchanges under this Pilot Project during the Winter Water Storage Program storage season of November 15 through March 14. Nothing in any approval of this Pilot Project <br /> authorizes storage of Winter Water contrary to the requirements and limitations of the Decree in Case No. 84CW179 and the contract between the United States and Southeastern Colorado <br /> Water Conservancy District. <br />A portion of the water available to the Subject Shares is derived from the Catlin Canal Company’s share of water stored pursuant to the decree dated November 10, 1990 in Case No. 84CW179 <br /> (“Winter Water”) in Pueblo Reservoir. During operation the Pilot Project the portion of the Winter Water available to the Subject Shares shall be stored in Lower Arkansas Valley Water <br /> Conservancy District’s excess capacity space in Pueblo Reservoir, or such other storage space that Applicants obtain all necessary approvals to utilize, and must be released to the <br /> Catlin Canal during the period of March 15 through November 14 in proportion to release of Catlin’s other Winter Water and may not be booked- over to CS-U or used for replacement of <br /> winter return flows. If no excess capacity storage is available in a given year, Applicants will not have
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