Marianne Burbidge Fwd: Follow up to the conversation with Kent Jones, State Engineer and letter sent after July 13th meeting. Nathaniel Budd Wed, Aug 29, 2018 at 12:08 PM To: Aaron Million marianneburbidge@utah.gov Attached On Wed, Aug 29, 2018 at 11:47 AM Aaron Million wrote: Hey. If you have the letter can you forward same. Andy been awol on this for some reason. lm down south for a bit Sent from my Verizon, Samsung Galaxy smartphone Original message From: Marianne Burbidge Date: 8/29/18 10:27 AM To: Aaron Million Subject: Re: Follow up to the conversation with Kent Jones, State Engineer and letter sent after July 13th meeting. Bob Leake, Vernal Regional Engineer is out on the mountain til Friday doing ?eld work. His staff is attempting to locate it but in the meantime would you be able to send me the copy. Glad to see the email ?nally went through. Marianne Burbidge State Engineer's Of?ce Division of Water Rights Administrative Assistant/GRAMA of?cer/Legislative Liaison/Public Information Of?cer 1594 West North Temple Suite 220 PO Box 146300 Salt Lake City, Utah 84114-6300 801-538-7370 work 801-828-7050 cell marianneburbidge@utah. gov - waterrights. utah. gov Office Hours Monday Friday 7:00 am -4:00 pm Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements. On Wed, Aug 29, 2018 at 10:12 AM, Aaron Million wrote: Thank you. According to the regional Engineer in Vernal? You folks have the letter? Signed bt Janes Eklund. Beck Mitchell. Colorado Water Conservation Board? Aaron Million (970) 215-2603 RECENED Sent from my Verizon, Samsung Galaxy smartphone AUG 2 .9 2018 GHTS Wear/M. Original message . From: Marianne Burbidge Date: 8/29/18 8:13 AM To: Subject: Fwd: Follow up to the conversation with Kent Jones, State Engineer and letter sent after July 13th meeting. Aaron, I am attempting to send this again, I think I found the problem in our server. Sorry for the delay. Marianne *i't Aaron Million, Thanks for helping us out. Please forward a copy of the letter prepared after your July 13th meeting re the Green River application. I will make sure Kent gets it. Thanks Marianne Burbidge State Engineer?s Office Division of Water Rights Administrative Assistant/GRAMA o?icer/Legislative Liaison/Public Information Of?cer 1594 West North Temple Suite 220 PO Box 146300 Salt Lake City, Utah 84114-6300 801-538-7370 work 801-828-7050 cell marianneburbidge@utah. gov 3 Of?ce Hours Monday Friday 7:00 am -4:00 pm Emails to and from this email address may be considered public records and thus subject to Utah GRAMA requirements. Nathaniel (Nate) Budd c: (719) 213-1882 Utah Letter (1).pdf 312K A 0 Colorado Water .. Conservation Board Department of Natural Resources Eric Millis, P.E., Water Resources Director Utah Division of Water Resources 1594 W. North Temple Salt Lake City, UT 84114-6300 Re: Water Rights Application of Water Horse Resources LLC A81080 (41-3 747) July 10, 2018 Dear Mr. Millis: The State of Colorado, through Colorado?s Upper Colorado River Commissioner and the Colorado Water Conservation Board (CWCB), and in furtherance of the interstate comity between Upper Colorado River Basin States, writes to provide and clarify information related to the Utah Export Water Rights application A81080 The application seeks to export 55,000 acre feet of water in Utah for use in Colorado. The proposed points of diversion are located on the Green River, tributary to the Colorado River, of Flaming Gorge Dam near Browns Park.2 The application provides that the export water ?constitutes a withdrawal under the allocation apportioned to the State of Colorado under the 1922 Colorado River Compact and the 1948 Upper Colorado River Basin Compact.? Id. The application further provides that it will ?establish a priority date that will be relied on for the purposes of water rights administration as and against all water rights making bene?cial use of water allocated and apportioned to the State of Colorado.? Id. Colorado recognizes and respects that the applicant must comply with Utah water law before it can appropriate and divert water from Utah?s Green River Basin. Because use of the subject water is projected to occur in Colorado, the applicant also must comply with relevant laws and procedures for water rights administration in Colorado. Moreover, the subject water falls within the Upper Colorado River Basin. As such, its appropriation and diversion must be consistent with the requirements and considerations set forth in the Colorado River Compact and the Upper Colorado River Basin Compact among other elements of the Law of the River. Accordingly, a decision issued by Utah?s State Engineer as to the subject application does not, by itself, 1 By sending this letter, Colorado is not ?ling a protest pursuant to Utah Code 73-3-7. Colorado does not take a position on Utah?s water application process and does not intend to avail itself of Utah jurisdiction regarding the subject application at this time. 2Attachment A to Application Section 12. docs\4 25 18 DRAFT Demand Management Resolution (Eklund signed).docx complete the process for putting the water to use in Colorado or accounting for such use under the Upper Colorado River Basin Compact. Only the State of Colorado, pursuant to its state sovereignty and the Upper Colorado River Commission (UCRC) pursuant to the Upper Colorado River Basin Compact have authority to make determinations as to Colorado?s compact apportionments. The Colorado State Engineer has the authority to regulate deliveries of water to enable Colorado to meet its compact commitments.3 The Water Rights Determination Act provides Colorado?s statutory framework for implementing the right to divert and the State?s authority to administer and distribute waters.4 In order to place any water to bene?cial use in Colorado, water users must comply with these statutory provisions to ensure that water is appropriated pursuant to a decree that can be administered in accordance with state water laws, rules and regulations. The Upper Colorado River Basin Compact provides that the UCRC is vested with the authority to make ?ndings as to the quantity of water used each year in the Upper Colorado River Basin and in each Upper Basin State.5 Additionally, the UCRC is tasked with making determinations as to the necessity for and extent of curtailment of consumptive uses by each State if required by Article of the Colorado River Compact.6 It further states that its provisions "shall not apply to or interfere with the right or power of any signatory State to regulate within its boundaries the appropriation, use and control of water, the consumptive use of which is apportioned and available to such State by this Compact."7 Under this framework, Colorado maintains that water from the Upper Colorado River Basin shall not be considered or accounted for as part of Colorado?s compact apportionment unless and until proceedings for placing water to bene?cial use in Colorado have been followed and completed, and the Upper Colorado River Commission has found such use to fall within the provisions of the Upper Colorado River Basin Compact. By noting this position, Colorado does not mean to in?uence or interfere with the State Engineer?s process for considering and deciding on water rights applications in Utah. Rather, similar to Utah wanting to preserve its rights and interests as a pipeline project involving the Colorado River Basin progresses, it is Colorado?s intent to provide a record of the full context as it relates to Colorado?s rights and interests regarding use of Colorado River water within its boundaries. We appreciate your attention and consideration of these matters and look forward to continuing the good work among the Upper Basin States as this and other water matters continue in the future. Please contact us if you have any questions or concerns. 3 C.R.S. 37-80-104 (2017); See Hinderlider v. La Plata River cf: Cherry Creek Ditch C0., 304 US. 92, 108 (1938). 4 C.R.S. 37-92?102, 301 (2017'). 5 Upper Colo. River Basin Compact, art. (1948). 6 Id. at art. IV. 7 Id. at art. docs\4 25 18 DRAFT Demand Management Resolution (Eklund signed).docx Sincerely, L. James Eklund, Colorado Commissioner to the Upper Colorado River Commission Cc: Amy Haas, Executive Director Upper Colorado River Commission 355 S. 400 Salt Lake City, Utah 84111 docs\4 25 18 DRAFT Demand Management Resolution (Eklund signed).docx Rebecca Mitchell, Director Colorado Water Conservation Board