Title
A Resolution Authorizing Colorado Springs Utilities to Take All Actions Necessary to Remove Certain Water Rights From The State of Colorado's Water Right's Tabulation (Bear Creek Change in Point Diversion)
Body
From:
Jerry Forte, P.E., Chief Executive Officer, Colorado Springs Utilities
Summary:
Utilities is seeking to maximize the use of its Bear Creek water rights by changing the point of diversion for those water rights from the existing unusable point of diversion to a new point of diversion which will allow Utilities to fully utilize the Bear Creek water rights.
Previous Council Action:
N/A
Background:
Utilities can no longer divert its Bear Creek water rights at the existing point of diversion as a result of a 1994 enforcement action issued by the Colorado Department of Public Health and Environment (CDPHE). In order to comply with this enforcement action, Utilities must allow the water associated with those water rights to flow through El Paso County's Bear Creek Regional Park. Utilities has identified a downstream location where a new intake will be constructed to divert the Bear Creek water rights, and has obtained easements on El Paso County property where a new infiltration gallery will be constructed. Filing a water court application is necessary to change the point of diversion for the Bear Creek water rights to the proposed new Bear Creek intake.
Colorado Revised Statute ? 37-92-305 allows water rights holders to complete a simple change in point of diversion as long as there are no intervening surface diversion points or inflow. Utilities is seeking to change six water rights associated with the Bear Creek Pipeline and four exchange rights under the simple change of point of diversion statute; however, the remaining right on Bear Creek that the City acquired from El Paso County in the 1980's that is still associated with 2.66 cfs of the historic Bear Creek Ditch No. 1 will not be changed through th...
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