DEPARTMENT OF NATURAL RESOURCES DIVISION WATER RESOURCES John W. Hickenlooper Governor WASTE OF WATER AND MEASURING DEVICE Mike King Executive Director Dick Wolfe, P.E. Director Erin C.H. Light, P.E. Division Engineer Gary Engle Sharp Steinke Sherman 8: Engle PO Box 774608 Steamboat Springs, CO 80477 RE: Meeker Ditch Order Dear Mr. Engle; On August 7, 2014 you, David Smith, and Matt Smith met with me and water commissioner Brett Watson to discuss issues with the operation of the Meeker Ditch. The purpose of the meeting was to attempt to resolve complaints about flooding of properties adjacent to the ditch and to discuss operations of the ditch. Through this meeting and inspections of the ditch, it became clear that the ditch is being operated or maintained in ways that conflict with statutes. Of concern are four items: 1. 2. 3. 4. Running of excess water in the Meeker Ditch Operations of the Meeker Ditch causing flooding of adjacent lands, An improperly installed and maintained measuring flume, and, Access by the Water Commissioner to adjust the head gate of the Meeker Ditch. Summarized below are the statutory requirements and background causing concern for each of these issues. This letter is also an Order of the Division Engineer with specific requirements detailed at the end of the letter. Running of Excess Water in the Ditch: Colorado statute clearly prohibits the running of water not needed for beneficial use. Section §3784-108 (Running excess water is forbidden.) states " .. .it shall not be LawfuL for any person to run through an irrigating ditch any greater quantity of water than is absoLuteLy necessary for irrigating his land, it being the intent and meaning of this section to prevent the wasting and useless discharge and running away of water. " The Meeker Ditch has been awarded three water rights in the amounts of 20.0 cfs, 5.7 cfs, and 0.25 cfs. The 20.0 cfs water right was awarded in Civil Action 133 for irrigation and town uses. The preamble of the decree indicates that the duty of water was 1 cfs to 50 acres, thus it appears the ditch was to irrigate up to 1,000 acres. The original map and statement indicates the ditch ran from the river to a wasteway at the centerline of Section 22, Township 1 North, Range 94 West, providing irrigation water for lands between the head gate and the wasteway. Then 5.7 cfs was awarded in Civil Action 624 to the Fairfield Extension of the Meeker Townsite Ditch. The map and statement for the extension indicates the ditch ran from the section 22 wasteway westward for irrigation of the lands thereunder. Additionally the statement of claim for this right provided that 293.63 acres had been irrigated (a duty of water of approximately 1 cfs to 51.5 acres). Finally case W2956 an additional cfs was decreed for the irrigation of 3 acres above the ditch on applicant Hughes property. Review of the acreage currently being irrigated indicates that only 153 acres are being irrigated. While diverting near the decreed rates may be appropriate for a short time, the irrigation of such a small acreage does not require 27.95 cfs continuously. The diversion should be the amount of water that can be used to beneficially irrigate the land without waste. Generally when water is being wasted off the end of the irrigated acreage, through waste gates, or at the tail end of the ditch, the headgate should be turned down to eliminate that waste of water. In this case it appears that water is being diverted at too great a rate for the lands that are being irrigated and the rate of diversion is not being reduced to eliminate waste. Operations of the Meeker Ditch causing flooding of adjacent lands: This office has received complaints from landowners adjacent to the Meeker Ditch that the ditch is leaking or overtopping and water is flooding their property. Colorado statute clearly requires the owners of a ditch to maintain the ditch embankments so as not to cause flooding, etc. Section §37-84-101 specifically states, " ... the owners of any ditch for irrigation or other purposes shall carefully maintain the embankments thereof so that the waters of such ditch may not flood or damage the premises of others, and shall make a tail ditch so as to return the water in such ditch with as little waste as possible into the stream from which it was taken. " Simply put, a ditch user must maintain and operate the ditch in a manner that contains the water so it does not escape the ditch and cause flooding or damage to others. It is my understanding from speaking with the complainants, that if the water run through the ditch is maintained at a moderate level, no excessive seepage occurs. It is believed that less water can be diverted and still meet the needs of the water right owners on the ditch, since discharge of excess water has been observed occurring at and into Curtis Creek, Sulphur Creek and Fairfield Gulch. Simply diverting less water is one way to solve the seepage problem. Other ways to solve the problem range from cleaning the ditch so that more water can be carried at lower water levels in the ditch, to lining or covering the ditch so that it does not leak. An improperly installed and maintained measuring flume: inspection of the Meeker Ditch also revealed that the measuring flume is not operating correctly. In this case the flume is 'submerged' indicating that the flume has settled and is not properly set in the ditch, the approach section and/ or the exit section of the ditch from the flume does not have the proper drop or has become constricted, or something else has occurred that keeps the flume from operating properly. I would note that directly reading a 'submerged' flume would indicate that a water user was receiving more water than what is actually being diverted. Colorado statute requires that the owners of a ditch install and maintain a properly operating measuring device. Section §37-84-112 states that "... the owners of any irrigation ditch, canal, flume, or reservoir in the State, taking water from any stream, shall erect where necessary and maintain in qood repair, at the point of intake of such ditch, canal, flume, or reservoir, a suitable and proper headgate of height and strength and with embankments, sufficient to control the water at all ordinary stages and suitable and proper measurinq flume, weirs, and devices, ... " (emphasis added) Access by the Division of Water Resources to adjust the headgate of the Meeker Ditch: Administration of water rights requires that employees of the Division of Water Resources have access to and be able to adjust headgates. This again is addressed in statutes in Section §37-84-112 which states, " ... no such headgate shall be deemed complete until provided with suitable locks and fastenings (except when the division engineer deems such locks and fastenings unnecessary therefor) and keys therefor are delivered to the division engineer of the division who has control thereof during the seasons of the distribution of water. " My staff would be happy to either have a key to the existing lock on the headgate or interlock one of the division engineer's locks with the existing lock. Either solution would allow the water commissioner to adjust, if necessary, the diversions into the Meeker Ditch. At our August 7th meeting you, Matt Smith, and Dave Smith requested that these matters be delivered to the owners of the Meeker Ditch as an Order of the Division Engineer. The Division Engineer does have statutory authority to issue orders pursuant to CRS §37-92-502, which states " ... the division engineer shall issue to the owners or users of water rights and to the users of waters of the state such orders as are necessary to implement the provisions of section §37-92-501, including the orders specified in subsections (2) to (7) of this section. " ORDER Therefore, per the request made by you, Matt Smith and David Smith and in accordance with the statutes stated above, the owners and users of the water rights decreed to the Meeker Town Ditch are hereby ordered to: 1. Immediately discontinue any diversion of water into the Meeker Ditch from the White River to the extent that the water being diverted is not necessary for the application to a beneficial use. 2. Within 10 days install, and thereafter maintain, a suitable and proper measuring device in the Meeker Ditch. 3. Within 10 days provide a key for the lock installed on the headgate or allow the division engineer's lock to be coupled with the existing lock. Failure to comply with this order may subject the owners and users to pay fines of up to five hundred dollars ($500) for each day such violation continues under §37-92-503(6)(a)(lI) as well as an enforcement proceeding. This action can subject owners and users to all damages and costs of enforcement, including reasonable attorney fees. Dated Friday, August 15, 2014 J & E~ Division Engineer CC: Brett Watson, Water Commissioner - WD43; Phone: 970-756-5408 Dick Wolfe, State Engineer Mike Sullivan, Deputy State Engineer Kevin Patrick, Patrick, Miller, Kropf and Noto Travis Mobley, Deputy Sheriff Water Division 6 • Steamboat Springs P. O. Box 773450 (505 Anglers Dr., Suite 101). Steamboat Springs, CO 80477 • Phone: 970-879-0272. Fax: 970-879-1070 http://water.state.co.us THIS ORDER HAS BEEN ISSUED THE FOLLOWING: David Smith Ranches PO Box 359 Meeker, CO 81641 Certified No. 701222100001 5842 Clark White River Ranch, Inc 39868 HWY 13 Meeker, CO 81641 Certified No.: 2 2210 0001 5830 4466 Zach &:Netosha Clatterbaugh 923 E Market Meeker, CO 81 Certified No.: 7012 0470 0000 7866 9382 Gary and Becky Dunham 989 Park Ave. Meeker, CO 81641 Certified No.: 7012 047000007866 9399 Chuck and Arlene Estes PO Box K Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9405 Fred Pierce Family Trust PO Box 134 Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9412 Carol Gentry 382 Irvin Lane Santa Rosa, CA 95401 Certified No.: 70120470000078669429 Darrell Gentry 549 Yulupa Ave. Santa Rosa, CA 95401 Certified No.: 7012 0470 0000 7866 9436 James Gentry 1120 Janero Dr. Santa Rosa, CA 95401 Certified No.: 7012 0470 0000 7866 9443 Lawrence Gentry PO Box 1069 Santa Rosa, CA 95406 Certified No.: 7012 0470 0000 7866 9450 Harpst Family Trust 140 Fawn Dr. San Anselmo, CA 94960 Certified No.: 7012 0470 0000 7866 9467 HISJB LLC 1407 Silver Sage Rd. Meeker, CO 81641 Certified No.: 70120470000078669474 Betty Oldland 39882 HWY 13 Meeker, CO 81641 Certified No.: 70120470000078669481 Alan and Jane Old land 6818 S. Franklin Circle Littleton, CO 80122 Certified No.: 7012 0470 0000 7866 9498 Melinda Parker 566 8th St. Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9504 Ken and Barbara Pelloni PO Box 1193 Meeker, CO 81641 Certified No.: 70120470000078669511 Randy and Teresa Ridgeway PO Box 480 Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9528 David and Beverly Steinman 39970 HWY 13 Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9535 Roger Trout PO Box 1114 Meeker, CO 81641 Certified No.: 7012 0470 0000 7866 9542