OURCES - DATE FILED: November 12, 2014 2:11 PM John W. HickenlooPer Governor REPORT OF THE DIVISION ENGINEER Mike King Executive Director SUMMARY OF CONSULTATION DickWolfe,P.E. Director/State Engineer Alan c. Martellaro, P.E. Division Engineer CASE NO.: 14CW 3095 APPLICANT: High Valley Fanns LDC STRUCTURE APPL. CLAIM STRUCTURE APPL. CLAIM HVF Pump and Pipeline Surface Water Right Replacement Source HVF Storage Tanks Storage Right BWCD Replacement Source HVF Operational Tank Storage Right HVF Storage Tanks Replacement Source HVF Well Groundwater Right HVF Exchange Exchange Right HVF Well Augmented Structure The application was ?led with the court on August 15, 2014. FINDINGS OF FACT 1. The well would be tributary to the Roaring Fork River, which is a tributary of the Colorado River. Diversion of ground water from the proposed well will in?uence the rate or direction of movement of water in those naturalstrearns and their alluvium The Colorado River is over appropriated. At some or all times of the year, the water supply for said stream systemis insuf?cient to satisfy all of the decreed water rights senior to an appropriation by the applicant. Diversions from the subject well will cause depletions to this over appropriated system. 2. Permit No. 57683 was issued on April 18, 1972. The permitted location of the well is in the of the of Section 17, Township 8 South, Range 86 West, 6th PM at a point 730 feet fror'nthe South section line and 2508 feet fromthe East section line of said Section 17. The use of the well is limited to domestic. The maximum pumping rate shall not exceed 15 gallons per minute. The annualamount to be appropriated was not designated. Evidence of well construction was received on September 27, 1972 indicating the well was constructed on August 8, 1972. Evidence of pump installation has not been received. The permit is valid per CRS 3. As proposed, the HVF Well, is to be operated in accordance with an augmentation plan pending before this court in this case. Additional information needs to be provided in accordance with the consultatiOn recommendations made by the Division Engineer, to ensure this plan will replace all out of priority depletions in time, place and amount. Based on the above ?ndings, I ?nd that the construction and use of the subject well will injuriously affect the owner of, or persons entitled to us e,waterundera vested water right, or a decreed conditional water right, unless the well is included in, and operated in accordance with, a plan for augmentation that adequately replaces out of prionty depletions in time, place, and amount. Per CRS no permit shall be issued unless the location of the proposed well will be at a distance of more than 600 feet ?'om an existing well unless the State Engineer has found after a hearing that the circumstances in a particular instance so warrant, or if a court decree is entered for the proposed well location after notice has been given as provided in CRS 37?90? Water Division 5 Glenwood Springs 202 Center Drive, Glenwood Springs, CO 81601 0 Phone: 970?945?5665 0 Fax: 970-945-8741 Mailing Address: PO. Box 396, Glenwood Springs, CO 81602 0 CONCERNS I cannot recommend approval of this application until the following concerns are addressed: 1. The applicant must explain how the claim for these conditional water rights can be granted in light of the de?nition of bene?cial use as de?ned in C.R.S. 37?92-103 (4). Speci?cally,bene?cial use means ?the use of that amount of water that is reasonable and appropriate underreas onably ef?cient practices to accomplish without'waste the purpose for which the appropriation is lawfully made.? (emphasis added). 2. The applicant must explain how a plan for augmentation can be granted pursuant to the de?nition of a plan for augmentation as de?ned in C.R.S. Speci?cally, a plan for augmentation means ?a detailed to increase the supply of water available for bene?cial use. . (emphasis added). 3. Applicant must provide additional information, including the overt acts thatplace third parties on notice, justifying the claimed appropriation date of October 16, 2013 for theHVF Pump andPipeline, HVF Storage Tanks, HVF Operational Tank, new uses of theHVF Well, and theHVF Exchange. If evidence of the claimed appropriation dates cannot be provided, the proper date should be the date of the application. 4. The applicants must provide copies of valid contracts with Basalt Water Conservancy District and Colorado River Water Conservation District for the replacement sources listed in paragraphs 49B and of the application for 1.2 acre-feet as identi?ed in the plan for augmentation prior to entry of decree. 5. If the HVF Storage Tanks include more than one storage tank, the locations of all tanks must be within 200 feet of the decreed location. 6. Per the ?eld inspection, the lawn around the residence has been historically irrigated, although there is no mention of lawn irrigation as a use in this application. Applicant must clarify whether it intends to continue to irrigate such lawn; and if so, the applicant must identify the source of lawn irrigation. 7. The upstreamterrnini for an appropriative right of exchange should be the uppermost point on a stream channelwhich is impacted by a diversion. The application describes the upsireamtermini of the exchange as the location of theHVF Well. The propertermini should be at a point on the stream where the groundwater diversions impactthe stream 8. This HVF Exchange may only be operated with the prior approval ofthe Water Commissioner or Division Engineer in order to prevent injury to other water rights. 9. The applicant must submit an engineering report detailing the proposed uses and as sociated depletions contained in the plan for augmentation. This report must include a table of estimates of water diversions and consumptive use for each use; total diversions and consumptive us e; the total amount of replacement water required; and the amount of replacement to be provided from each source and the assumptions and calculations made to determine the lagged effects of the well. RECOMMENDATIONS Based on the above concerns, the State and Division Engineers ask that the issues dis cussed in this consultation be addressed prior to granting any water rights for the HVF Pump and Pipeline, HVF Storage Tanks, HVF Well, HVF Operational Tank, HVF Exchange or plan for augmentation, and that the following terms and conditions be included in any decree granted: 1. Applicant shall install measuring devices, provide accounting,and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The applicant shall also ?le an annual report with the Division Engineer by November 15th following each preceding irrigation year (November through October 31) summarizing diversions and replacements made under this plan. 2. The entity responsible for such reporting and accounting should be designated in any ruling or decree from this application. Noti?cation of subs equent changes in the entity responsible for accounting and reporting under this plan should be required to be made to the Division Engineers Of?ce. 3. To assure that adequate protection is provided to other vested water rights or other conditional water rights, the court should retain jurisdiction for a period starting at the date of the decree and continuing until ?ve years after Water Division 5 Glenwood Springs . 202 Center Drive, Glenwood Springs, CO 81601 0 Phone: 970?945?5665 0 Fax: 970?945-8741 Mailing Address: PO. Box 396, Glenw ood Springs, CO 81602 0 http://w ater.state.co.us the Applicant provides written notice to the parties, the Division Engineer and the Court that the augmentation plan has become fully operational and that the proposed uses are all in place. Such notice must con?rm that the decreed augmenting sources are in place, that the terms and conditions necessary to operate the plan as required by the decree have been met, and that the augmented uses and augmentation have been initiated. For any storage tanks to be used for augmentation, the notice shall include an as -built stage capacity table, an estimate of the active capacity of the, a pro?le of the storage tank showing the elevation of inlet and outlet structures, and con?rmation that an operable and lockable low level outlet structure has been installed. Information requested in this consultation should be submitted to the Division 5 Water Court. Date: November 12 2014 - Alan C. Division Engineer Staff Assigned: Jana Miller CRS 1973, 3 7?92-3 into lawMay 1 7, l998,provide that the applicant or the applicant's attorney shall mailor delivera copy ofthis consultation to allparties ofrecord who?led a statement ofopposition to this application. The statute also requires thatthe applicant or his/herattorney shall file a certi?cate of mailing with the water clerk for Water Division 5, con?rming that this consultation (and attachment) is mailed to any and all opposing parties. CERTIFICATE OF MAILING I hereby certify that on this 12tll day of November 2014, a true and correct copy of the foregoing Summary of Consultation of the Division Engineer was served to the individuals listed below, either electronically through Integrated Colorado Courts E- Filing System or by ?rst-class US. mail, as indicated: Dick Wolfe, P.E., State Engineer Rhonda Bazil P.C. Division of Water Resources Rhonda Bazil 1313 Sherman Street Room 818 632 East Hopkins Ave Denver, Colorado 80203 Aspen, CO 81611 Electronically Served Electronically Served Art/er Water Division 5 - Glenwood Springs . 202 Center Drive, Glenwood Springs, CO 81601 0 Phone: 970-945-5665 0 Fax: 970-945?8741 Mailing Address: PO. Box 396, Glenwood Springs, CO 81602 0 http://w ater.state.co.us