Title
A Resolution Authorizing the Filing of Water Court Applications for Change of Water Rights, Augmentation Plan and Appropriative Rights of Exchange Related to the City of Colorado Springs' Interests in Water Rights of the Fountain Mutual Irrigation Company and Chilcott Ditch Company
Body
From:
Jerry Forte, Chief Executive Officer, Colorado Springs Utilities
Summary:
Colorado Springs Utilities must file water rights change cases to fully utilize the water rights represented by the Fountain Mutual Irrigation Company shares and Chilcott Ditch Company shares it recently purchased.
Previous Council Action:
N/A
Background:
Last year City Council approved Utilities' purchase of 144 shares of stock in the Fountain Mutual Irrigation Company (FMIC) and eight shares of stock in the Chilcott Ditch Company (Chilcott). Utilities successfully closed on its purchase of those shares on December 10, 2014. The water rights represented by both the FMIC and Chilcott shares can currently be used for irrigation purposes only. Thus, to most effectively use the water represented by those ditch company shares, Utilities must file water rights change cases with the Division 2 Water Court. The Purchase and Sale Agreement for the FMIC and Chilcott shares required that Utilities file the applications for the water rights change cases by March 10, 2015. Once the change cases are decreed, the water will be used by Utilities for all municipal uses including, without limitation, domestic, agricultural, industrial, commercial, irrigation, fire protection, recreation, fish and wildlife preservation and propagation, recharge of Denver basin aquifers, exchange, replacement of historical return flows, augmentation, and sale or lease to other water users.
Other FMIC shareholders have filed similar change cases in the past for municipal, augmentation, irrigation, industrial, and other uses. Utilities will be obtaining FMIC Board support prior to filing ...
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