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When the Fryingpan-Arkansas Project Was Authorized by Congress in 1962, A

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When the Fryingpan-Arkansas Project Was Authorized by Congress in 1962, A • PRELIMINARY DRAFT WINTER WATER STORAGE PROGRAM FR YINGPAN -ARKANSAS PROJECT INTRODUCTION: When the Fryingpan-Arkansas Project was authorized by Congress in 1962, a critical part of the Project provided for the improved management of native waters. Many Members of Congress, particularly those representing States along the Colorado River, indicated they supported the Project because it did incorporate features which would enable owners of decreed water rights in the Arkansas River Basin to better manage their water. They said were it not for the fact that these features were included, and only the introduction of Colorado River water was provided, they would have opposed the Bill. Citizens from Western Colorado still share these feelings. Therefore, one of the key elements of the Project is Pueblo Dam and Reservoir, which will enable owners of decreed rights to impound waters to which they are legally entitled between the dates of November 1 - March 31 each year. These are waters which are otherwise used in their entirety for winter irrigation, or passed on down the River and out of the State, and are forever lost to the owners of those decreed rights. LEGAL REQUIREMENTS RELATED TO WINTER STORAGE: Excerpts from letter from Commissioner of Reclamation Floyd Dominy to Secretary of Interior Stewart L. Udall, December 11, 1964: "Through importation of new water, improved regulation of existing water supplies, and reuse of return flows, the Project will provide an average annual increased canal headgate supply of 163, 100 acre-feet of supplemental irrigation water for a total of 208, 600 acres. These lands are located within the Southeastern Colorado Water Conserv- ancy District, and will be served by existing distribution systems. About 267, 800 acres are located in the Arkansas Valley, and will receive service directly from importation of new water and the improved regulation of existing water supplies. The Fountain River Valley, containing about 12, 800 acres and located within the Conservancy District, will receive indirect supplies of supplemental water by return flows from project municipal water allotted to Colorado Springs. Project return flows also will provide an additional average of 29,500 acre-feet of water to lands outside the District below the existing John Martin Reservoir of the Army Corps of Engineers. Estimates of the average annual increase of 163, 100 acre-feet of supplemental irrigation water for District lands are as follows by sources: ACRE-FEET Direct water - released at Pueblo Reservoir. Western slope imports plus conservation of Flood flows 49,000 New water developed by Twin Lakes Canal Company 11,800 Arkansas River winter stored water 65, 900 Subtotal 127, 200 Indirect water - return flows and reuse. Reuse from the new Twin Lakes water 4, 700 Return flows from municipal and industrial water 11,400 -2- ACRE-FEET Reuse from project imports 19,800 Subtotal 35,900 Total average annual supplemental supply 163,100 The supplemental irrigation water supply will alleviate to a large degree the water shortages experienced by the irrigation of the Arkansas Valley, but is not adequate to completely eliminate shortages in all years. The preproject canal headgate shortage for the 267,800 acres of Arkansas Valley lands currently averages 38 per cent annually based on a 47 year (1911-57) water operation study. The post-project headgate shortage for these lands is estimated to average 19 per cent annually. Commencement of District payments for delivery of winter stored water will depend on the successful development of the winter storage program by the District. The winter storage program contemplates the storage of Arkansas River flows currently being diverted for winter irrigation under existing water rights, during the five month period November 1 to March 31. Release of this stored water from Pueblo Reservoir during the ensuing summer irrigation season is expected to be much more beneficial than the present inefficient use of the water for winter irrigation. Practically all of the 13 ditch companies (serving a total of 255,000 acres) within the District below Pueblo Reservoir currently practice winter irrigation in varying degree. Development of a successful winter storage program will require that these ditch companies enter into contracts with the District (a) agreeing to forego the exercise of their diversion rights during the winter season so that the water may be stored in Pueblo Reservoir, and (b) agreeing on the manner in which the participating ditch companies will share the -3- irrigation season releases of the winter stored water. In addition, the cooperation and consent of the seven ditch companies outside the District which serve some 58,000 acres below the existing John Martin Reservoir will be required." CONTRACT BETWEEN THE UNITED STATES AND THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT (Contract #14-06-700-4715) Definitions: (e) "Winter Storage" shall mean that water which is stored in project facilities, pursuant to existing appropriation rights in the water of the Arkansas River and its tributaries, each year through the forebearance of prior appropriators in the District from exercising their direct flow rights during the non-irrigation season, November 1 to April 1, or such other five months' winter period as may be agreed upon by the Secretary, the District, and the water users. Winter storage so accumulated during the non-irriga- tion season, and not delivered pursuant to Article 6 (c) of this contract, to such prior appropriators before the next November 1, shall no longer be considered winter storage. Water to be furnished to District: 6. (a) Commencing with the year in which the initial delivery date becomes effective, and each year thereafter, the Secretary shall announce to the District in writing, after consultation with the District's authorized representatives, but on or before March 15 each year, the quantity of project water estimated to be available for furnishing the District during the current year. The Secretary shall also notify the District of the estimated quantity of winter storage available for furnishing to the District during the current year. Revised estimates of project water availability shall be given to the Dis- trict from time to time as the actual accumulations of Project water become known to the Secretary. -4- (b) It is understood that municipal users shall have the first right to contract with the District for the imported project water available to the District each year. What- ever part thereof is not preempted for such use by appropriate contracts with the District and payment therefore to the District on or before April 1 each year, shall be available together with the remainder of the available project water supply for irrigation uses. (c) Winter storage shall be furnished to the District for delivery to project users only in accordance with agreements among the water users and the District in form acceptable to the United States. In determining the quantity of winter storage available to the District at any time, proper accounting shall be made for required spills thereof, as provided in Article 13 hereof, and for transportation and evaporation losses. Time for delivery of water: 7. The District, after consultation with the Secretary, shall furnish the Secretary in writing a schedule of water delivery requirements for the current year, both as to project water and as to winter storage. Such schedule of deliveries may be revised from time to time as needs of the District's water users may require. Equitable distribution of water for irrigation: 8. The District shall equitably distribute each year the project water available for irrigation and municipal purposes. (Not Winter Storage Water.) Water acquired by District other than from the United States: 23. (a) The provisions of this contract shall not be applicable to or effect water or water rights now owned or hereafter acquired by the District or landowners within the District other than the United States; except for winter storage as hereinbefore defined. -5- Water furnished pursuant to the terms of this contract may be transported by means of the same distribution facilities as water now available or which may become available to the District or landowners within the District other than pursuant to the terms of this contract if the Secretary determines that such mingling is necessary to avoid duplication of facilities; and notwithstanding such mingling of water the provisions of this contract shall be applicable to the quantity of water furnished to the District pursuant to the terms hereof, and such mingling of water shall not in any manner subject the quantity acquired by or available to the District or landowners within the District other than from the United States to the provisions of this contract. EXCERPTS FROM THE ARKANSAS RIVER COMPACT, DECEMBER 14, 1948: Applicable to Winter Storage below John Martin Dam: Reservoir. in ARTICLE The major purposes of this Compact are to: A. Settle existing disputes and remove causes of future controversy between the States of Colorado and Kansas, and between citizens of one and citizens of the other State, concerning the waters of the Arkansas River and their control, conservation and utiliza- tion for irrigation and other beneficial purposes. B. Equitably divide and apportion between the States of Colorado and Kansas the waters of the Arkansas River and their utilization as well as the benefits arising from the construction, operation and maintenance by the United States of John Martin Reser- voir Project for water conservation purposes. ARTICLE III As used in this Compact: -6- A. The word "Stateline" means the geographical boundary between Colorado and Kansas. B. The term "waters of the Arkansas River" means the waters originating in the natural drainage basin of the Arkansas River, including its tributaries, upstream from the Stateline, and excluding waters brought into the Arkansas River basin from other river basins.
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