DWR_3603811

• Document Type - Guidance Documents: Protocol
• Topic: Water Administration
• Title: Division 1 - South Platte River Administrative Protocol: Delivering Water Using the Natural Stream
• Document Date: 1/31/2008

ADMINISTRATION PROTOCOL
Delivering Water Using the Natural Stream
Division One—South Platte River
This document outlines the actions water users must take in order for the Division of
Water Resources to deliver water by means of the natural stream. This protocol is
subordinate to any contradicting decreed language addressing specific water rights.
Access
The language of section 37-84-113, C.R.S., implicitly acknowledges that a natural
stream may be used as a conduit.'
Notification
The water user must notify the water commissioner at least 48 hours and not more
than 7 days prior to the release of water being delivered via a natural stream system
unless the water commissioner specifically approves a different notice requirement in
advance of the release. Advance notice is necessary in order to provide the water
commissioner the time required to confirm that the delivery can be made under the
current stream conditions.
Measurement Structures
In accordance with §37-84-113, C.R.S., water users seeking to use the natural stream to
deliver water
"shall construct suitable and proper measuring flumes or weirs, equipped with
self -registering devices if required by the state engineer, for the proper and
accurate determination of the amount and flow of water turned into, carried
through, and diverted out of said natural stream." (underline emphasis added)
In short, water users are responsible for the construction of all measurement structures
required to administer their water. This may include measurement structures required,
in the opinion of the water commissioner or division engineer, to deliver their water past
intervening water rights that are drying or "sweeping" the river.
If the water commissioner is unable to corroborate that water was delivered past a
structure that was sweeping the river, none of the water released will be available
for diversion or replacement credit below the sweeping structure.
Transit Loss
The volume of water available for diversion or replacement credit is the volume released
to the stream less transit loss. The transit loss will:
■ comply with any specific court decree covering the delivery;
■ be based on current conditions and shall be determined by the water
commissioner or division engineer;
■ be the same for all water users in the same reach of the river or stream at the
time of the delivery.
1 Trail's End Ranch. LLC v. CO DWR, 91 P.3d 1058 (Colo. 2004).
Administration Protocol — Delivery of Water
January 31, 2008