Protocol for Administration of the State Line Delivery Pilot Reservoir Release
(An investigation conducted by the State Engineer pursuant to sections 37-80-102(1)(f),
C.R.S. and 37-92-301(1), and as further allowed by 37-92-102(1)(a))
1. Purpose
The purpose of this Administrative Protocol is to provide a reference document for use by
the State Engineer and Division Engineers for Water Divisions 1, 2, and 5 (collectively
“Engineers”) when administering the State Line Delivery Pilot Reservoir Release
(“Reservoir Release”) as described in greater detail below. The Reservoir Release will be
conducted by the State Engineer’s Office and the Division Engineer’s Office for Division 5,
with concurrence from the Division Engineers in Divisions 1 and 2. The Reservoir Release
will be conducted in cooperation with Colorado Springs Utilities, Aurora Water, and the
Pueblo Board of Water Works (“the Cities”), with full support of the Front Range Water
Council. The objective of the Reservoir Release is to allow a one-time release of water
from Homestake Reservoir to determine the efficacy of current administration practices
to administer the released water on the Colorado River and its tributaries from Homestake
Reservoir to the state line. The Reservoir Release will allow the State and Division
Engineers to investigate important aspects of Division 5’s administration practice as well
as hydrologic influences that would affect the timing and amount of the arrival of the
released water at the state line. The results of the Reservoir Release will provide the
State and Division Engineers as well as water users on the West Slope and East Slope with
valuable information that help plan actions related to compliance with the Colorado River
Compact and the Upper Colorado River Compact.
2. Background and Authority
The Reservoir Release will consist of a release of up to 1800 acre-feet of water from
Homestake Reservoir, which water has been stored in priority according to water rights
owned by the Cities and is transbasin water, decreed for use on the East slope. The Cities
will document a commensurate reduction in supply to their systems from Homestake
Reservoir. The release will entirely comprise water that would have been diverted from,
and is 100-percent consumptive to, the Colorado River Basin. The release of the water
and the resulting reduction in the amount of water storage in Homestake Reservoir in
2020 for use on the East Slope will not result in greater diversions in priority under the
water right from the Colorado River Basin.
The water will be released continuously during a period of time in August or September,
2020 at an initial discharge of approximately 20 to 25 c.f.s. that will incrementally
increase over 24 to 36 hours to as high as 200 cfs and will be administered past all
structures on the Reservoir Release Reach, including calling senior water rights and all
other diversions. The Division Engineer will monitor the release of the water to the state
line with regard to the timing of the release, gauge flows at points along the Reservoir
Release Reach, inflows and diversion, and transit losses, among other things to determine
Page 1

August 28, 2020

 the ability to track the release of water, losses incurred, and the attenuation of the
release’s hydrograph.
The Division Engineer’s authority to administer the water past all structures, including
senior calling water rights and all other diversions derives from the responsibility and
authority given the State Engineer in section 37-80-102(1)(f): “The state engineer has
executive responsibility and authority with respect to: (f) The keeping and preparation of
records and investigations as related to carrying out the functions of the division of water
resources…” The investigation accomplished by this Reservoir Release relates back to the
responsibilities identified in 37-80-102(1)(a): “(a) Discharge of the obligations of the state
of Colorado imposed by compact or judicial order on the office of the state engineer;...”
and section 37-92-301(1) “the state engineer shall be responsible for the administration
and distribution of the waters of the state, and, in each division, such administration and
distribution shall be accomplished through the offices of the division engineer…”
3. Definitions. The following definitions apply for purposes of this Administrative Protocol
(“Protocol”). In addition, terms defined elsewhere in this Protocol will have the meanings
there provided.
3.1.1. Administrative Reach: Any discrete reach of the stream system along the
Reservoir Release Reach used by DWR for administration purposes.
3.1.2. Discharge: The flow rate in cubic feet per second.
3.1.3. Reservoir Accounting: The accounting typically used for the administration of
Homestake Reservoir by the Cities that is accepted by the State Engineer, with
added information identifying the timing and Discharge of the Reservoir
Release.
3.1.4. Reservoir Release Reach: The Reach of the stream system through which the
Reservoir Release will be conducted, beginning on Homestake Creek below
Homestake Reservoir, continuing to the confluence of Homestake Creek and
the Eagle River, continuing to the confluence of the Eagle River and the
Colorado River, and continuing to the farthest downstream gauge on the
Colorado River upstream of the state line.
3.1.5. Reservoir Release Schedule: The date and time at which the Reservoir Release
will begin and end, the Discharge, and the total volume to be released.
Releases under the Reservoir Release Schedule will be continuous and as one
single Discharge.
3.1.6. Reservoir Release Water: The Discharge flowing through any Administrative
Reach and identified by DWR as the water released from Homestake Reservoir
as part of the Reservoir Release.

Page 2

August 28, 2020

 4. Administrative Protocol
4.1. Communication and Final Approval
4.1.1. The Cities’ contact for the purposes of all communications during the operation
of the Reservoir Release will be: Kalsoum Abbasi at Colorado Springs Utilities,
kabbasi@csu.org.
4.1.2. The Division of Water Resources’ contacts for the purposes of all
communications during the operation of the Reservoir Release will be: Alan
Martellaro, Division 5, Division Engineer and James Heath, Division 5, Lead
Assistant Division Engineer (together, “the DWR Contact”).
4.1.3. The Cities will have the responsibility to identify and communicate with the
appropriate local interests on Homestake Creek, the Eagle River, and the
Colorado River to:
4.1.3.1. Determine an initial and maximum Discharge and a schedule for the
increase of Discharge to ensure proper notice for the purposes of safety
and property protection at every appropriate location on the Reservoir
Release Reach
4.1.3.2. The Cities shall develop a plan to maintain communication with the
identified local interests to advise them, and through them, the public of
the planned increase to Discharge on the Reservoir Release Reach
4.1.4. The Cities and the DWR Contact will coordinate the Reservoir Release
Schedule. The Cities contact will contact the DWR Contact no later than seven
days prior to their proposed release for approval of the Reservoir Release
Schedule and the Reservoir Accounting, and to advise the DWR Contact of the
plan to communicate with the local interests.
4.1.4.1. The DWR Contact will approve of the Reservoir Release Schedule and
Reservoir Accounting. The DWR Contact may also propose an alternate
Reservoir Release Schedule in consideration of stream conditions, the river
call, or other factors for the sole purpose of maximizing the value of
information derived from the Reservoir Release.
4.1.5. The Cities contact will continue to consult with DWR to agree on the Reservoir
Release Schedule and the Reservoir Accounting. Once consultation is
completed, the Cities will e-mail the Reservoir Release Schedule to DWR for
the DWR Contact’s final approval by e-mail response.
4.2. Administration
4.2.1. DWR agrees to conduct, or administer the Reservoir Release Water past all
calling structures or all other diversions in the Reservoir Release Reach.
Page 3

August 28, 2020

 4.3. Measurement and Accounting
4.3.1. DWR agrees to record data associated with the Reservoir Release as to the time
and Discharge along with other information at time intervals and locations in
the Reservoir Release Reach, as determined by DWR including:
4.3.1.1. Stream gauge readings along the Reservoir Release Reach,
4.3.1.2. Calculated transit losses for discrete Administrative Reaches along the
Reservoir Release Reach,
4.3.1.3. Inflows and diversions, and their locations along the Reservoir Release
Reach.
4.4. Results
4.4.1. DWR agrees to document the results of the Reservoir Release (“Results”) in the
following areas:
4.4.1.1. Obstacles to administering the Reservoir Release through the Reservoir
Release Reach past diversion structures,
4.4.1.2. Measured Discharge in Administrative Reaches as compared to flow
estimates that are based on the amount of the Reservoir Release entering
the Administrative Reach, transit losses, inflows, and diversions,
4.4.1.3. The amount and timing of the Reservoir Release Discharge that occurs in
Administrative Reaches throughout the Reservoir Release Reach up to and
including the lowest gauge in Colorado upstream of the state line.
4.4.1.4. Any impacts to the public, as reported by the local interests
4.4.2. DWR and the Cities agree that DWR will make all Results available to the Cities
and, as a matter of public record, all Results will be available upon request to
members of the public. The Results will include this Protocol, the Reservoir
Release Schedule, the Reservoir Accounting, and the associated approvals, as
well as the Results identified above (currently numbered 4.4.1).
4.5. Reservoir Accounting, Reservoir Fill Status, and Diversion Records
4.5.1. The Cities will verify that the release represents an actual reduction in
delivery volume to the East Slope by providing evidence that the water
released would have been taken to the East Slope over the winter months prior
to the 2021 fill season “But For” the operation of this pilot program. Evidence
will include:
4.5.1.1. A description of representative operations, including diversions, reservoir
levels, and releases through the tunnel to the East Slope.
Page 4

August 28, 2020

 4.5.1.2. Current and forecasted East Slope storage levels for the cities
demonstrating ability to take and use the water stored in Homestake
Reservoir.
4.5.1.3. Estimated tunnel deliveries (absent Reservoir Release), Reservoir Release
amount, and net estimated tunnel deliveries.
4.5.1.4. Demonstration of no increase in Colorado River Diversion through the
Homestake System the following year as a result of this operation.
4.5.2. For the purposes of Homestake Reservoir’s fill status, the Reservoir Release
amount will be treated as a diversion of the Cities’ water previously stored in
priority, to their water supply systems according to their water rights.
4.5.2.1. The volume of the Reservoir Release, like all actual diversions to the
Cities’ water supply systems, cannot be refilled during the 2020 fill season.
The fill season typically begins in May and ends when the Homestake water
rights are out of priority.
4.5.2.2. The Cities will not deliver water to the East Slope under the direct flow
water rights during the 2020 and 2021 fill seasons. All deliveries through
the Homestake Tunnel in 2020 have been from storage.
4.5.2.3. The Cities will verify through accounting that the Reservoir Release
resulted in no additional storage in the Homestake system during the 2020
fill season and that no direct flow deliveries will take place during the
remainder of 2020 or 2021 fill seasons.
4.5.3. In recognition of the fact that the Reservoir release is an investigation
conducted by the State Engineer's Office and due to the protective conditions
and limitations set forth in this Protocol:
4.5.3.1. The Cities will have no reduction in the amount they are allowed to fill
Homestake Reservoir during the 2021 fill season due to the volume of the
Reservoir Release.
4.5.3.2. The DWR diversion records will be tabulated to indicate that the amount of
the Reservoir Release does not affect a future historical use analysis nor
does it indicate an intent to abandon that portion of Homestake
Reservoir’s water right.
4.5.3.3. The Reservoir Release will in no way impair the Cities’ operation of
Homestake Reservoir and their ability to divert water stored in priority for
its decreed beneficial use in the Cities’ water supply systems other than
the limitations on the ability to store and divert water specifically
identified in this Administrative Protocol.

Page 5

August 28, 2020