Title
A Resolution Authorizing Colorado Springs Utilities to Take All Actions Necessary to Remove Certain Water Rights from the State of Colorado's Water Rights Tabulations
Presenter:
Abigail Ortega, Planning Supervisor
Michael Gustafson, Senior Attorney
Jerry A. Forte, P.E., Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
Colorado Springs Utilities is requesting that City Council approve the attached Resolution Authorizing Colorado Springs Utilities to Take All Actions Necessary to Remove Certain Water Rights from the State of Colorado's Water Rights Tabulations on the consent calendar at the March 14, 2017 City Council meeting.
Previous Council Action:
N/A
Background:
The City of Colorado Springs, on behalf of Colorado Springs Utilities ("Utilities"), owns conditional water rights for the Roby Ditch and Reservoir and the Chancellor Wells No. 1 and No. 2 ("Subject Water Rights"). Under Colorado Water Law, water rights may be either "absolute" or "conditional". A water user may claim an absolute water right if they can demonstrate that the water has been put to beneficial use, or a conditional water right if they have taken a substantial first step, but have not completed an appropriation of water for beneficial use. Utilities typically makes conditional water rights absolute by constructing and operating new infrastructure which allows the new water source to be applied to its decreed beneficial uses (e.g., municipal uses, storage, etc.) To maintain a conditional water right, the owner is required to file an application in the Water Court every six years to prove the owner's diligent efforts to fully develop the conditional water right and put the right to beneficial use within a reasonable period of time.
On August 30, 2016, the City Attorney's Office filed water rights applications in Case Nos. 16CW3053 (Chancellor Wells) and 16CW3054 (Roby Ditch and Reservoir) requesting that the Water Court find that Utilities ha...
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