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Moses, Wittemyer, Harrison and Woodruff, P. C. M. E • MOSES, WITTEMYER, HARRISON AND WOODRUFF, P. C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 RAPHAEL .J. MOSES BOULDER, COLORADO 80302 HUNTLEY STONE SPECIAL COUNSEL JOHN WITTEmYER TELEPHONE:(3031443-8782 COUNSEL MONTANA COUNSEL (303) 443-8796 TCLECOP1ER: MATTHEW W. WILLIAMS DAVID L. HARRISON 506 EAST BABCOCK STREET CHARLES N. WOODRUFF ADDRESS CORRESPONDENCE TO: BOZEMAN, MONTANA 59715 ROBERT E. L. BEEBE P. 0. BOX 1440 (406) 586-1373 DAVID N. BROWN BOULDER. CO 80306-1440 JAMES R. MONTGOMERY VERONICA A. SPERLING J. DUBOIS JAMES July 28, 1988 M. E. MacDougall, Esq. 530 South Nevada • Colorado Springs, CO 80903 Mary M. Hammond, Esq. 1700 Lincoln Street, 42750 Denver, CO 80203 Dennis M. Montgomery, Esq. 100 Blake Street Building 1441 Eighteenth Street Denver, CO 80202 Howard Holme, Esq. One United Bank Center 1700 Lincoln Street, Suite 2400 Denver, CO 80203 Rexford L. Mitchell, Esq. 512 North Main Street Rocky Ford, CO 81067 Carmel A. Garlutzo, Esq. 314 West Main Trinidad, CO 81082 RE: Applications for Change of Water Rights of the City of Trinidad Dear Counsel: Enclosed for your information are copies of two applications which we have filed on behalf' of the City of Trinidad. The first is to change certain rights owned by the Corps of Engineers to storage in the permanent pool of Trinidad Reservoir. The second is a change of certain Johns Flood Ditch rights owned by Trinidad to storage in Trinidad Reservoir for an municipal, industrial and other purposes. July 28, 1988 Page 2 If you have any questions regarding either application, please feel free to call. Very truly yours, MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Janksil DuBois JDB:rlo Enclosures • DISTRICT COURT, WATER DIVISION NO. 2, STATE OF COLORADO Case No. APPLICATION FOR CHANGE OF WATER RIGHTS 'IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE CITY OF TRINIDAD IN LAS ANIMAS COUNTY 1. Name, address and telephone number of applicant: City of Trinidad, a municipal corporation 135 North Animas Street Trinidad, Colorado 81082 (719) 846-9843 Mailing address: c/o Moses, Wittemyer, Harrison and Woodruff, P.C. P. 0. Box 1440 Boulder, Colorado 80306 (303) 443-8782 2. Decreed name of structures for which change is sought and information from previous decrees: A. Direct Flow Water Rights Owned by the City of Trinidad: .(1) Name of structure: Johns Flood Ditch. (2) Date of previous decrees: District Original Priority Priority Decree No. 19 Date Date 5 3/20/1862 8/10/1903 9 1/01/1863 8/10/1903 15 4/10/1864 8/10/1903 20 10/07/1865 8/10/1903 27 5/31/1866 8/10/1903 145 10/20/1902 1/12/1925 (3) Decreed point of diversion: The headgate of the Johns Flood Ditch is located on the north bank of the Las Animas River, also known as the Purgato4,re River, at a point which is South 63° West 967 feet, from the Northwest Corner of the NEI of City of Trinidad Case No. Page 2 the SW I of Section 27, Township 32 South, Range 63 West, of the 6th P.M. The actual point of diver- sion is at the headgate of the Model Canal located on the north bank of the Purgatoire River at a point which is N53°W, 5780 feet from the SE corner of Section 33, T32S, R63W of the 6th P.M. (4) Source: Purgatoire River, also known as Las Animas River. (5) Historical use: Irrigation. In addition, these rights are decreed for winter storage as part of the rights controlled by the Purgatoire River Water Conservancy District and governed by the ruling in Civil Action No. 19793 in the District Court, Las Animas County, the Purgatoire River Water Conservancy District Operating Criteria, the. Trinidad Dam and Reservoir Project Operating Principles, House Document 325, P.L. 85-500, 85th Cong., and Purgatoire River Water Conservancy District v. Kuiper, 593 P.2d 333 (1979). A map showing the approximate location of historic use and summaries of diversion records are attached hereto and incorporated herein by this reference. (6) Remarks: Trinidad is the owner of 242 shares out of the 400 outstanding shares in Johns Flood Ditch Company. The water rights owned by the Johns Flood Ditch Company divert out of the Purgatoire River at the Johns Flood Ditch Company headgate. The appropriation date and date of original decree for these rights are set out above and are further described as follows: Las Animas Trinidad (Purgatoire) Pro Rata District 19 River Amount Share Priority No. Priority No. (c.f.s.) (c.f.s.) 9 9 1.28 .77 15 15 3.42 2.07 20 19 4.95 2.99 27 23 2.25 1.36 145 100.00 60.50 City of Trinidad Case No. Page 3 Trinidad is also the owner of 2.0 c.f.s. of Priority No. 5 on the Las Animas River and in Water District 19.- This right was originally decreed to the Leitensdorfer Irrigating Ditch for 4.0 c.f.s. with the appropriation and decree dates noted herein. Trinidad acquired its 2.0 c.f.s. interest in Priority No. 5 through a Separation Agreement between the Model Land and Irrigation Company and Trinidad dated August 1, 1981. B. Trinidad Model Account Rights: • (1) Name of structure: Trinidad Reservoir/Model Reservoir. (2) Date of previous decrees: This storage right was originally decreed in Civil Action No. 6118 in the District Court, Las Animas County, on January 12, 1925. The right was subsequently transferred to Trinidad Reservoir in Civil Action No. 19793 on April 15, 1965, and is further governed by the Trinidad Irrigation Project Operating Principles. (3) Decreed point of diversion: Trinidad Reservoir. Trinidad Reservoir Dam is located in Section 27, T33S, R64W of the 6th P.M. (4) Source: Purgatoire River, also known as Las Animas River. (5) Historical use: Irrigation. A map showing the approximate location of historic use and a summary of diversion records are attached hereto and incorporated herein by reference. (6) Remarks: By virtue of the Separation Agreement dated August 1, 1981 between the Model Land and Reservoir Co. and the City of Trinidad, Trinidad is entitled to 500 acre-feet of the first 1200 acre-feet of water stored or storable in the "Model Account" in Trinidad Reservoir. The Model Account is defined in the Purgatoire River Water Conservancy District Operating Criteria as "the quantity of water in storage within the mocii l space reservation which will be used for the exclusive diversion to Model lands". The Model City of Trinidad Case No. Page 4 Account waters are subject to operation in accordance with the benefits and limitations contained in the Operating Criteria, as they exist or are hereafter amended. 3. Proposed changes: A. Trinidad Direct Flow Water Rights: Trinidad requests the Court to enter a decree changing its direct flow rights as follows: (1) Change to add an alternate point of diversion: The point of diversion for all Trinidad water rights diverting through the Johns Flood Ditch and described in paragraph 2.A. above shall have as an alternate point of diversion the Trinidad Reser- voir which is located as described in paragraph 3 herein. (2) Storage: The water rights, to the extent not previously changed in Case No. 19793,- Las Animas District Court, will be changed from direct flow to direct flow and storage. (3) Change of Use: Trinidad requests the Court to enter a decree changing the decreed uses of Trinidad's direct flow water . rights from use for irrigation to use for irrigation, municipal, industrial, maintenance of the Trinidad Reservoir permanent pool, recreation and fish propagation. (4) Reuse to Extinction: Applicant will maintain dominion and control of all return flows resulting from the use of the water rights stored in Trinidad Reservoir pursuant to this ¶3.A., and shall have the right of reuse, successive use, and disposition by sale, exchange, or otherwise to extinction, of all such waters. City of Trinidad Case No. Page 5 (5) Terms and conditions: (a) Only that quantity of water which was histor- ically depleted from the flow of the• Purgatoire River will be stored or diverted at Trinidad Reservoir, estimated to be a maximum of 2600 AF/year, and an average of 2100 AF/year. (b) Storage will only-occur When the water rights described in 12.A. are in priority or when water is legally available from the District water supply in the operation of the Trinidad Project. (c) Trinidad will continue to bear its share of the ditch loss otherwise chargeable to carriage of its water rights in the Johns Flood Ditch for the benefit of the other shareholders. (d) Lands previously irrigated by the water rights described in ¶2.A. will be removed from irrigation during any season to the extent water will be diverted and stored in Trinidad Reservoir. B. Trinidad Model Account Rights: Trinidad requests the Court to enter a decree changing Trinidad's interest in 500 acre-feet per year out of the first 1200 acre-feet of water stored or storable in the Model Account in Trinidad Reservoir from use for irrigation to use for irrigation, municipal, industrial, maintenance of the permanent pool, recreation, and fish and wildlife propagation. (1) Trinidad's allocation of water under the Project shall be retained in Trinidad Reservoir and stored in the permanent pool or in a space reservation within the Project for the sole use and benefit of Trinidad. City of Trinidad Case No. Page 6 .5. Comments: In order to permanently effect the requested changes, the Trinidad Dam and Reservoir Project Operating Principles and the Purgatoire River Water Conservancy District Operating Criteria will need to be amended.
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