SECWCD
April 19, 2018
1
RECORD OF PROCEEDING

SOUTHEASTERN COLORADO WATER
CONSERVANCY DISTRICT
MINUTES
April 19, 2018
A regular meeting of the Board of Directors of the Southeastern Colorado Water Conservancy District
(District) was held on Thursday, April 19, 2018 at 9:35 a.m. at the District office, 31717 United Avenue,
Pueblo, Colorado.
President Long announced a quorum was present.
DIRECTORS PRESENT:
Bill Long
Gibson Hazard
Howard “Bub” Miller
Mark Pifher
Andy Colosimo

Ann Nichols
Kevin Karney
Dallas May
Alan Hamel
Patrick Garcia

Curtis Mitchell
Carl McClure
Greg Felt
Seth Clayton

DIRECTOR(S) ABSENT AND EXCUSED:
Tom Goodwin
DISTRICT OFFICIALS PRESENT:
Executive Director James Broderick; General Counsel Lee Miller; Administrative Manager Toni
Gonzales; Water Resources Engineer Garrett Markus; Issues Management Program Coordinator Chris
Woodka; Finance Manager Leann Noga; Special Water Counsel, Steve Leonhardt and Morgan Figuers;
and Federal Lobbyist Christine Arbogast.
VISITORS PRESENT:
Roy Vaughan, Bureau of Reclamation-Pueblo Office; Scott Lorenz and Abby Ortega, Colorado SpringsUtilities; Mitch Downs and Hillary Carlosn, Osborne, Parsons & Rosacker, LLP; Doug Fitzgerald, U.S.
Congressman Scott Tipton’s office; Cathy Garcia, U.S. Senator Cory Gardner’s office; Dwight
Gardner, U.S. Senator Michael Bennet’s office; Jerry Peña, GEI Consultants; Scott Eilert and Judy
Leonard, Pueblo West Metropolitan District; Tom Simpson, Aurora Water; Bill Banks, U.S. Geological
Survey; Brandon Bernard, Widefield; Kortney Kelly, Fountain Valley Authority; Curt Thompson,
AECOM; and Erin Wilson, Wilson Water Group.
INTRODUCTION OF VISITORS:
President Long welcomed the visitors to the meeting, and asked them to introduce themselves and
identify the organization they represented.

 SECWCD
April 19, 2018
2
RECORD OF PROCEEDING

ACTION ITEMS:
SWEARING IN OF APPOINTED BOARD MEMBERS
Lee Miller said he had received a Court Order appointing Bill Long, Ann Nichols, Curtis Mitchell, and
Alan Hamel to four-year terms on the District Board. Mr. Patrick Garcia was appointed to fill the
vacancy resulting from the resignation of Vera Ortegon. Mr. Garcia’s term will expire April 16, 2020.
He asked that Mr. Long, Mr. Mitchell, Ms. Nichols, Mr. Garcia and Mr. Hamel, stand and repeat the
oath. After reading the oath, the appointed Board members were asked to sign the oath, for filing with
the court. Mr. Thomas Goodwin was not present.
President Long welcomed Mr. Garcia and congratulated the reappointed members.
APPROVAL OF MINUTES:
President Long said the minutes of the March 15, 2018 Board meeting were posted to the Board website
for review, and asked if there were any corrections or additions. Hearing none, Mr. Howard “Bub”
Miller moved, seconded by Mr. Felt, to approve the minutes. Motion unanimously carried.
FINANCE COMMITTEE REPORT:
Treasurer Nichols reported the financial statements for March were posted to the Board website for
review. Ms. Nichols moved, seconded by Mr. Clayton, for acceptance of the March financial statements
and payment of the April 2018 bills. Motion unanimously carried.
CONSENT ITEMS:
None
PRESENTATIONS:
2017 ANNUAL AUDIT
President Long convened the Enterprise Board meeting to order at 9:40 a.m. to be held in conjunction
with the District Board meeting to present the 2017 Annual Audit presentation.
Treasurer Nichols introduced Mitchell Downs and Hillary Carlson, from Osborne, Parsons & Rosacker,
LLP,who represent the firm that conducted the 2017 audit. Mr. Downs read the Independent Auditor’s
Report. Treasurer Nichols recognized the work of Leann Noga and the staff with assisting the auditors
with the audit process. Leann Noga gave a special thank you to Stephanie Shipley, for the great work
she did in the process.
ACTION ITEMS-CONTINUED:
APPROVAL OF 2017 ANNUAL AUDIT
Treasurer Nichols moved, seconded by Mr. Clayton, the audit of the 2017 finance statements of the
Enterprise be approved as presented. Motion unanimously carried.

 SECWCD
April 19, 2018
3
RECORD OF PROCEEDING

APPROVAL OF 2017 FINANCIAL STATEMENTS
Treasurer Nichols moved, seconded by Mr. Clayton, that the 2017 finance statements of the Enterprise
be approved as audited. Motion unanimously carried.
President Long recessed the Enterprise meeting at 9:50 a.m.
PRESENTATIONS-CONTINUED:
VOLUNTARY FLOW MANAGEMENT PROGRAM
Bob Hamel reported the Colorado Department of Natural Resources (CDNR) on behalf of the Division
of Wildlife (DOW), and the Division of Parks and Outdoor Recreation (DPOR), now Colorado Parks
and Wildlife or CPW, has made annual recommendations, with annual concurrence and implementation
by Reclamation and the Southeastern Colorado Water Conservancy District (District), for operation of a
Voluntary Flow Management Program (VFMP). An integral part of the VFMP is the method in which
Reclamation operates Twin Lakes and Turquoise Reservoirs to manage flows in the Arkansas River
above Pueblo Reservoir. The flows are managed to benefit recreational and fishery purposes while fully
satisfying the primary purposes of the Fryingpan-Arkansas Project (Project) and other contractual
obligations, pursuant to its recommendations made by the CDNR in consultation with the District. The
District participates in the VFMP as the holder of the decreed water rights for Project water. Mr. Hamel
thanked the District for the continued support of the VFMP.
COMMUNITY OUTREACH PUBLICATION
Mr. Woodka reported the two publications which look at the people and purposes of the FryingpanArkansas Project (Project) and Southeastern Colorado Water Conservancy District (District) are now
printed and ready for distribution.
“Keeping the Promise” is meant as a report to the community about past accomplishments, current
operations, and future goals of the Project and District. These were prepared in response to the Board’s
September 21, 2017, meeting as part of a communication plan to talk to District stakeholders.
Each “Keeping the Promise” publication is geared toward one of the nine counties within the District to
show direct past or future benefits those counties will receive. Board members made several suggestions
for changes to the first drafts, and these have been incorporated in the final publication.
The next step in the “Keeping the Promise” program will be to schedule public meetings in each of the
counties to explain how the District will proceed with negotiations of its Repayment Contract with
Reclamation.
The “Legacy of Service” publication is intended for distribution during 2018 as a way to celebrate the
service of people who have provided leadership for the District, and the Arkansas River basin, over the
past 60 years.

 SECWCD
April 19, 2018
4
RECORD OF PROCEEDING

“Legacy of Service” provides biographical sketches of water leaders who were honored with the
“Wayne N. Aspinall Water Leader of the Year” award, sponsored by the Colorado Water Congress; who
served on the Colorado Water Conservation Board; who served on the Colorado Water Resources and
Power Development Board; every District Board member for the past 60 years; and all of the winners of
the “Bob Appel Friend of the Arkansas” award, which is given annually by the Arkansas River Basin
Water Forum.
The publications are intended as an educational program during the District’s 60th anniversary year, and
as a way of memorializing individual contributions for future generations.
ACTION ITEMS-CONTINUED:
EXECUTIVE DIRECTOR’S EVALUATION
President Long reported the Human Resources (HR) Committee evaluates the executive director’s
performance. President Long reviews the evaluations submitted by the HR Committee members, and
recommends an amount to be awarded, if any, to the HR Committee for recommendation to the Board.
The HR Committee met on March 15, 2018 and discussed Mr. Broderick’s annual performance review.
During Executive Session, Mr. Broderick’s performance was evaluated by the HR Committee. It is
recommended that based on Mr. Broderick’s excellent performance for the following:
Hydroelectric Project-Maximizing the Fry-Ark Project to the benefit of the District.
AVC – Continued creativity for a challenging project.
Budget Book – Exceptional document that is very informative.
Staff Development – He is getting the best out of a great staff.
Contract and AVC negotiations – a vision and planning for the future.
Water Rate Study – Maintaining the financial health of the District.
The HR Committee recommends to the Board, that a two percent (2%) increase be retroactive to January
2018.
Mr. Hamel moved, seconded by Mr. Hazard, to approve a two percent (2%) increase to be retroactive to
January 2018 for the executive director. Motion unanimously carried.
APPROVAL OF STIPULATION IN SOUTHEASTERN’S DIVISION 2 CHANGE CASE (CASE NO.
16CW3076)
Mr. Leonhardt reported the Board directed Special Water Counsel to file the Application in this case on
October 20, 2016, through Resolution No. 2016-02D. The Board has authorized stipulations with five of
the eleven opposers in Case No. 16CW3076: Pueblo Board of Water Works (Pueblo Water), District 67
Irrigation Canals Association (District 67), and The Amity Mutual Irrigation Company (Amity) on July
20, 2017, and with Tri-State Generation and Transmission Association, Inc. (Tri-State) and Penrose Water
District (Penrose) on January 18, 2018. Legal counsel provided the Board a confidential Executive Session
memorandum on this case in November 2017.

 SECWCD
April 19, 2018
5
RECORD OF PROCEEDING

The District’s remaining conditional Fryingpan-Arkansas Project (Project) Water rights in Water Division
2, on the East Slope, include six rights related to the Project’s unbuilt Arkansas Power Canal System
(APCS): Malta Canal, Otero Conduit, Otero-Wapaco A, Otero-Wapaco B, Wapaco Diversion, and Chalk
Creek Diversion (collectively, “APCS Rights”).
With the Board’s authorization through Resolution No. 2016-02D, Special Water Counsel filed a Change
Application on November 23, 2016 (Case No. 16CW3076) to change the District’s APCS Rights to allow
diversion and storage of those water rights at Pueblo Reservoir, to allow diversion and storage of the
Otero-Wapaco A right in Clear Creek Reservoir, and to correct three legal descriptions, and filed a
Diligence Application on November 29, 2016 (Case No. 16CW3079).
The District’s objectives in Case No. 16CW3076 are to (1) change the point of diversion for the District’s
APCS Rights to Pueblo Reservoir, and for the Otero-Wapaco Subsection A right, to Pueblo Reservoir and
Clear Creek Reservoir; (2) obtain a decree that allows storage of the APCS Rights in Pueblo Reservoir
(including future enlargement space), and for the Otero-Wapaco Subsection A right, in Pueblo Reservoir
and Clear Creek Reservoir; and (3) correct the errors in some previously decreed legal descriptions.
There are eleven opposers in Case No. 16CW3076. Five have stipulated. (Pueblo Water stipulated to a
proposed decree dated June 12, 2017; District 67 and Amity stipulated to a proposed decree dated June
13, 2017; Penrose stipulated to the proposed decree dated October 11, 2017; Tri-State stipulated to a
proposed decree dated December 28, 2017.)
Aurora will stipulate to the proposed decree dated March 22, 2018. This proposed decree includes
procedural updates now that the Water Referee has referred the case to the Water Judge. These updates
do not affect the District’s objectives. The proposed decree otherwise contains the same conditions that
the District recently stipulated to with Tri-State and Penrose. Thus, the March 22, 2018 proposed decree
satisfies the District’s objectives, consistent with the previously approved stipulations. Attachment 2 to
this Action Item is a proposed decree showing the changes from the December 28, 2017 proposed decree.
If the Board approves the stipulation with Aurora, five opposing parties will remain in Case No.
16CW3076: Colorado Springs Utilities (CS-U), Public Service Company (PSCo), Colorado Water
Conservation Board (CWCB), Lower Arkansas Water Management Association (LAWMA), and Pueblo
West Metropolitan District.
Case Nos. 16CW3076 and 16CW3079 have been re-referred to the Water Judge. Counsel expects that the
Water Judge will set trial dates in a status conference on May 18, 2018. The District’s expert disclosures
and report will be due approximately nine months prior to trial.
Mr. Hamel moved, seconded by Mr. Felt, to authorize Special Water Counsel to execute stipulation with
the City of Aurora in the District’s Change Case No. 16CW3076, consenting to entry of a decree that is
no less restrictive on the District than the proposed decree dated March 22, 2018. Motion unanimously
carried.

 SECWCD
April 19, 2018
6
RECORD OF PROCEEDING

MONTHLY/QUARTERLY REPORTS:
U.S. BUREAU OF RECLAMATION REPORT
Roy Vaughan provided a PowerPoint presentation reviewing the following:
As of April 15, 2018 there were 241,748 acre-feet stored in Pueblo Reservoir; 135,715 acre-feet
of Project water; 37,760 acre-feet of Excess Capacity water; 66,940 acre-feet of Winter water
There is currently 109,658 acre-feet of Project space in Pueblo Reservoir and 40,852 acre-feet of
space in Turquoise and Twin Lakes Reservoirs
Charts illustrating storage amounts in Turquoise, Pueblo, and Twin Lakes
Total M&I Project Water in the System
Project Reservoirs: Turquoise 106%; Twin Lakes 110%; Pueblo 123%
Arkansas River Basin Time Series Snowpack Summary April 18, 2018
Upper Colorado River Basin Time Series Snowpack Summary April 18, 2018
U.S. Drought Monitor COLORADO
U.S. Drought Monitor WEST
Upper Colorado River Basin Snow Water Equivalent (SWE) Summary Current as of April 18,
2018
Arkansas River Basin Snow Water Equivalent (SWE) Summary Current as of April 18, 2018
April 1 Forecast-40,800 Acre-Feet
Mr. Vaughan reported the collection system is being opened up and site setup continues. Mt. Elbert
Conduit is currently off. At present Reclamation is moving 120 cfs. of Project water from Twin to
Pueblo. Movement of water will be adjusted according to the forecast and customer needs.
DIVISION ENGINEER’S REPORT
None
U.S. GEOLOGICAL SURVEY
Bill Banks presented a PowerPoint titled, USGS Update-Evaluation of Selected Water-Quality Issues,
reviewing the following:
Discrete Specific Conductance Data
Specific Conductance Relationship with Total Dissolved Solids
Specific Conductance Relationship with Discharge
Average Annual Streamflow (2000-2006)
Average Annual Dissolved-Solids Loads (2000-2006)
2-Year Project Funded by Regional Resources Planning Group (RRPG)
STATE LEGISLATION UPDATE
Lee Miller reported the Southeastern Colorado Water Conservancy District (District) participates in the
Colorado Water Congress State Affairs Committee, which generally meets on Monday mornings in
Denver before the Legislature begins its work for the week..

 SECWCD
April 19, 2018
7
RECORD OF PROCEEDING

Among the bills the District is actively following is SB18-038, sponsored by Senator Donovan with
Senator Coram and Representative Esgar with Representative Willett, concerning the use of reclaimed
water to produce hemp passed Senate Agriculture, Natural Resources, and Energy with an amendment.
The bill passed on second reading in the Senate on April 11, 2018, and is awaiting final action of the
Senate, before beginning the legislative trek in the House.
As reported previously, Lee Miller has been actively participating in meetings convened by Northern
Water to address issues related to Northern Water’s mitigation requirements for permitting of its
Northern Integrated Supply Project. The multiple meetings have involved more than 50 people
representing water interests throughout the state, resulting in the introduction of SB18-170. Senator
Jerry Sonnenberg introduced a predecessor bill, SB17-282, during the last session to address this
problem, but that bill failed. This bill is designed to allow the use of certain stored water to satisfy
mitigation requirements established by the State of Colorado. The stored water that could be applied to
this use must be in a newly constructed reservoir or an existing reservoir that has been expanded. The
bill sets forth the process and requirements for the water right owner to follow in order to be able to use
the stored water for mitigation purposes. Once the applicant has secured the mitigation requirements,
the applicant could make an application to the Colorado Water Conservation Board (CWCB) to establish
the conditions under which the stored water could be released in the designated stream reach. The
considerations for the CWCB are related to the amount of water to be released, the timing requirements
associated with the release, and the termination point on the designated stream reach. Once those
matters have been resolved, an application is to be made to the water court for approval and assurance
that no other water users would be adversely affected by the release.
A key element of the concept is that the water to be released is considered to be an increment of water
that travels along the stream in addition to the usual water that flows in the stream. This increment
would be restricted from diversion by other water users, but the normal flow of water would remain
available for diversion and use in conformance with existing water law and the doctrine of prior
appropriation.
The District’s main goal in working with Northern Water during the past session and these most recent
meetings is to assure that the bill would not impact the Upper Arkansas Voluntary Flow Management
Program (VFMP) and agreement that the District has been instrumental in effectuating since 1991. Lee
Miller worked with lawyers from the River District and the environmental community to fashion the
“savings clause” language that addresses the VFMP concern and similar concerns on the west slope.
The bill has passed both the House and Senate, and was signed by the Governor on April 12, 2018.
Another bill of interest is HB18-1008, sponsored by Representative Esgar with Representative Arndt
and Senator Donovan with Senator Coram, the “Mussel Free Colorado Act” would provide a partial
solution to the funding problems of interdicting and eradicating the invasive aquatic nuisance Zebra
mussels and quagga mussels. The bill proposes to levy a decal fee on motorboats and sail boats to raise
an estimated $2.3 million to combat the invasive species. For Colorado resident boaters, the fee would
be $25 and $50 for non-resident boaters if the boat is to be in Colorado waters for more than 60

 SECWCD
April 19, 2018
8
RECORD OF PROCEEDING

consecutive days. The program would go into effect beginning on January 1, 2019. This bill passed the
House Agriculture, Livestock and Natural Resources Committee, with amendments, on a 10-3 vote. The
bill is awaiting action by the Governor.
A bill that would amend the Water Conservancy Act and the Water Activity Enterprise Act is HB 181073, sponsored by Representative Gray and Senator Gardner. The bill clarifies the contracting authority
under the water conservancy district and water activity enterprise statutes. It adds the words “capacity in
works” and uses broad language to allow the district board to set the security it will accept under the
contract. The broad range of contract terms includes those found under the statutes governing municipal
water and sewer contracts. The bill adds language to the water activity enterprise statute to expressly
allow water districts and water activity enterprises to contract with other such entities. The reason for
the bill is that the Northern Colorado Water Conservancy District (Northern) is developing the Northern
Integrated Supply Project (NISP) on behalf of 15 project participants and the Municipal subdistrict of
the Northern Colorado Water Conservancy District is developing the Windy Gap Firming Project on
behalf of 12 project participants. Each project has formed a water activity enterprise under existing
statute under which it will issue contracts to project participants. Northern believes it necessary to clarify
and confirm in the Water Conservancy Act that both water supply and water capacity may be contracted
for under the statute. While there is no harm to the District in adding this authority, because the District
does not have its own facilities (Reclamation owns the facilities), it is unlikely to provide a benefit to the
District at the current time. The House bill, as amended, passed second reading in the Senate without
amendment on March 6, 2018. The Governor signed this bill into law on March 22, 2018.
A final bill the District is watching is HB18-1151, sponsored by Representative Arndt with
Representative Catlin and Senator Crowder. This bill originated with the Lower Arkansas Valley Water
Conservancy District and seeks to expand the types of programs that can be approved by the CWCB for
inclusion in the crop fallowing pilot programs. The bill seeks to add deficit irrigation to the allowable
projects. The bill defines “deficit irrigation” as using less than the optimal amount of water on a specific
crop. The bill would also exclude the water use in such a deficit irrigation project from the calculation
of historical consumptive use. The water generated from a deficit irrigation project could be used for
lease. The bill has been amended to limit the applicability of the deficit irrigation program to Water
Divisions 2, 3 and the boundaries of the Upper Gunnison River Water Conservancy District before
passage in the House on March 6, 2018. The bill was postponed indefinitely by the Senate Committee
on State, Veterans, and Military Affairs on March 20, 2018, effectively ending consideration of this bill
for this legislative session. Representative Arndt, who will be chair of the Water Resources Review
Committee (WRRC) during the interim session, has already indicated that this bill will be considered by
the WRRC.
The Governor announced his appointments for the CWCB on April 11, 2018. For terms expiring
February 12, 2021:
Steven A. Anderson of Olathe, to serve as a representative of the Gunnison-Uncompahge
drainage basin and as a Republican, appointed;

 SECWCD
April 19, 2018
9
RECORD OF PROCEEDING

Curran A. Trick of Cowdrey, to serve as a representative of the North Platte drainage basin and
as a Republican, appointed;
James Thomas Yahn of Sterling, to serve as a representative of the South Platte drainage basin
and as a Republican, reappointed.
The Governor did not appoint members for terms expiring in 2017, including the Arkansas River Basin,
until after the legislative session last year. A hearing was held April 18, 2018 and the Senate confirmed
all six appointments.
Lee Miller reported on the Central Arizona Project’s recently posted and then withdrawn graphic on
their website and the rapid response from the Upper Colorado River Commission (UCRC).
Commissioners for the Upper Colorado River sent a letter on April 13, 2019, to Arizona Department of
Water Resources Director Tom Buschatzke. In the letter, they specifically criticized a water
management strategy of the Central Arizona Water Conservation District (CAWCD).
Lee Miller said that this is what the upper basin doesn’t like: the CAWCD aims to keep Lake Mead at a
so-called “sweet spot.” If the level of the lake stays in that range, then under current agreements, more
water comes down from Lake Powell. The Commissioners’ letter expressed deep concern that CAWCD
“intends to disregard the basin’s dire situation at the expense of Lake Powell and all other basin states.”
On April 16, 2018, Denver Water sent a letter stating that it is prepared to terminate funding of the
system conservation pilot program unless the Central Arizona Water Conservancy District is able to
verifiably establish it has ceased all actions to manipulate demands and is fully participating in
aggressive conservation measures along with other entities in Arizona. On April 18, 2018, the Board of
Water Works of Pueblo sent a letter to the UCRC rescinding its proposal to participate in the system
conservation pilot program.
Representatives of CAWCD are scheduled to meet with the UCRC Commissioners on April 30, 2018 in
Salt Lake City; Lee Miller plans to attend the UCRC work meeting.
EXECUTIVE SESSION:
Lee Miller said a request has been made for the Southeastern Colorado Water Conservancy District to
enter Executive Session pursuant to:
C.R.S. §24-6-402(4)(b): (Conferences with an attorney for the local public body for the purposes
of receiving legal advice on specific legal questions)
C.R.S. §24-6-402(4)(e): (Determining positions relative to matters that may be subject to
negotiations; developing strategy for negotiations; and instructing negotiators)
The District has been asked to discuss the following matter:

 SECWCD
April 19, 2018
10
RECORD OF PROCEEDING

Diligence: District’s Division 5 Conditional Water Rights
The presence of the following persons is requested at this Executive Session:
Non-Excused Committee Members
Executive Director
General Counsel
Special Water Counsel
Engineering Consultant
Water Resources Specialist/Engineer
Issues Management Program Coordinator
Minutes will be electronically recorded as required by the Colorado Open Meetings Act.
Mr. Pifher moved, seconded by Mr. Hamel, to convene into Executive Session. Motion unanimously
carried. The Board entered into Executive Session at 11:16 a.m., the District meeting was reconvened at
12:12 p.m.
REPORT OUT OF EXECUTIVE SESSION:
Lee Miller reported that the District Board received legal advice and provided instructions to the
negotiators on the announced matters. The District Board has one action item as a result of the
Executive Session.
ACTION ITEMS-CONTINUED:
DILIGENCE APPLICATION DISTRICT’S DIVISION 5 CONDITIONAL WTER RIGHTS
Mr. Leonhardt stated that the District holds decreed Fryingpan-Arkansas Project (Project) water rights on
Colorado’s West Slope. Although most of these water rights have been diverted and placed to beneficial
use and have been decreed absolute, some remain conditional (Conditional Rights). The Project is
authorized to divert a long-term average of 69,200 acre-feet from the West Slope through the water rights,
but has not yet realized this yield.
The Conditional Rights are part of the Project’s West Slope Collection System, which diverts water
through the Boustead Tunnel across the Continental Divide for storage on the East Slope and use within
the District. Most of the Conditional Rights are located on the Fryingpan River and its tributaries, and one
on a tributary to Hunter Creek (all tributary to the Roaring Fork River). Conditional Rights are associated
with both existing and unbuilt structures.
The District last filed for diligence on the Conditional Rights in 2009 in Case No. 09CW40, and it obtained
a diligence decree on May 28, 2012. Pursuant to 09CW40 Decree, the District must file an application for
diligence by May 31, 2018 to maintain the Conditional Rights. If the District does not file this application
by the deadline, it will lose the Conditional Rights by default. Additionally, a stipulation in Case No.

 SECWCD
April 19, 2018
11
RECORD OF PROCEEDING

09CW40 between the District and the United States required the District to study its Conditional Rights
and alternatives for realizing the Project’s authorized yield, and to decide by May 2018 whether to request
continuation of the Conditional Rights as decreed, changes in any of the conditionally decreed diversion
points, or abandonment of any of the decreed conditional rights.
The District hired Wilson Water Group to perform the study required by the stipulation with the United
States in Case No. 09CW40. Based on the study, Wilson Water Group recommends filing for diligence
on the Conditional Rights. Continuing diligence on the remaining Conditional Rights will allow the
District and the U.S. Bureau of Reclamation to continue to work toward obtaining the Project’s full,
authorized diversions from the West Slope. The Project may divert an average of 69,200 acre-feet/year
from the West Slope, or up to 120,000 acre-feet in any given year as long as the diversions do not exceed
an aggregate of 2,352,800 acre-feet in any period of thirty-four (34) consecutive years. These amounts
were approved and authorized through the Project’s Operating Principles, federal authorizing legislation,
and Water Court decrees.
Wilson Water Group also recommends applying to make an additional one (1) cfs and five (5) cfs absolute
for two Conditional Rights based on diversion records from 2010. The diversion records show that the
Project diverted at rates up to 86 cfs (an additional one (1) cfs beyond the current absolute amount) from
the No Name Creek diversion in the Hunter Creek Subsystem, and at least 400 cfs (an additional five (5)
cfs beyond the current absolute amount) from the Fryingpan River and Marten Creek diversion in the
Fryingpan River Subsystem. The District used these additional diversions for Project purposes.
Thus, the Committee, General and Special Water Counsel and District staff recommend filing for
diligence on all of the Conditional Rights to continue those rights as decreed, and applying to make
absolute an additional one (1) cfs from the No Name Creek diversion and an additional five (5) cfs from
the Fryingpan River and Marten Creek diversion.
The Committee also recommends that the Board adopt a resolution, and authorize Special Water Counsel
to file the application for diligence in May 2018. Adopting a resolution will confirm the District’s
continuing intent to maintain and develop the remaining Conditional Rights for the Project and to fully
utilize the Project’s West Slope Collection System to the extent allowed by the Project authorization and
the District’s decreed rights.
Mr. Pifher moved, seconded by Mr. Clayton, the Board adopt Resolution No. 2018-02D, and authorize
Special Water Counsel to:
(1) File an Application for Diligence with the Water Court during May 2018 to maintain all of the
District’s remaining conditional water rights decreed in Water Division 5; and
(2) Include in the Application for Diligence a claim to make an additional one (1) cfs absolute
from the No Name Creek diversion, and an additional five (5) cfs absolute from the Fryingpan
River and Marten Creek diversion.
Motion unanimously carried.

 SECWCD
April 19, 2018
12
RECORD OF PROCEEDING

INFORMATIONAL ITEMS:
The Board was provided written material on the following topics, which were posted to the Board
website:
Water Court Resume
Bureau of Reclamation Quarterly Report on Inclusion
President Long asked if there were any other matters to come before the meeting, and hearing none,
adjourned the meeting at 12:14 p.m.
Respectfully submitted,

Toni Gonzales
Administrative Manager

_________________________________
Secretary

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

_________________________________________

_______________________________________

___________________________________________

__________________________________________