HomeMy WebLinkAbout1990 Resolution No. 090RE.'WTl'ICNOO.fg
SEJUES CF 1990
(1)
A RE9JWl'IOO Al11lD!IZIN;; l\ND RATIFYING THE l\PP!a'RIATICN CF A RIGlfl' OF
EXaWQ: CF ALL 11!'.TER RIGHTS CF THE CITI OF ENGLEHXXl 11110! M,1\Y BE DIVERTID AT
TIIE l!E'J\[G.TE OF THE M:BiO:M DITO!.
WHEREAS, the City of Engleuod has reviewed its water rights and the
points at which it may preset,t;ly divert water fran Bear Creek and fran the
South Platte River ; and
WHEREAS, the City of Engl....ood has need to beneficially use water fran
its water rights now divertable at the McBroan Ditch headgate at locations
other than that headgate (the alternate locations); and
WHEREAS, the City of Engle,,,ood wishes to obtain such water at the
alternate locatioos by exchange, >hlenever possible, rather thlln by the use of
systans of pipes and p.mps; and
WHEREAS, utility officials of the City of Engl....ood have already utilized
such exchanges for the aforesaid purpose s, and the City of englewood wishes to
ratify and confinn such actions by its utility officials;
Na!, 'n!EREFCRE, BE IT RE9JLVED BY THE CITY CCXJNCn. CF THE CITY CF
ENGLF.l<O:Xl, COLaWJO, THAT:
Section l. The City of Engle,,,ood declares its intent to appropriate a
right~e irore fully described below.
Secti on 2. The City of Englewood ratifies and C<X'lfinns the previous
actions of its utilities officials in appropriating and using the right of
exchange for beneficial uses.
Section 3. The City Attorney is authorized to o::rmence appropriate oourt
p~ acca,plish the transfer of the McBroan Ditch E><change >mich
will allow Englewood essentially to take water fran the river as set forth
herein.
Set.don 4. The City of Engl....ood authorizes and directs its utilities
offic~take necessary physical acts to make the appropriation, including
the operation of the exchange and the posting of signs and other giving of
notice .
Section 5. The exchange referred to above is nore particularly described
asfo~
Points of Introduction: The headgate of the McBroan Ditch en Bear creek,
>mich is located on the South side of Bear Creek in the NE 1/ 4 of Section
6 , TcMnship 5 South, Range 68 West, of the 6th P .M. There ..-ill be a
further point of introduction at the alternate point of diversioo of
McBroan Ditch >mich has been applied for: Bear Creek Lake, an oo strvm
reservoir. Bear Creek Dam is locate at or below the oonfluence of Turkey
Creek with Bear Creek, in Section 32, Township 4 South, Range 69 West, of
the 6th P.M. and in Section 5, TcMnship 5 South, Range 69 West, of the
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6th P.H., all within the boundaries of the City of Lakewood, Colora&:>,
nme particularly described as fella.is: begi.Ming at the NW corner of
Section 32, thence South 260 68° East, 2,030.8 feet to the NW end of Bear
Creek Dlln, thence South 310 15' East, 5,678.2 feet to the SE end of Bear
Creek Dlln.
Rate of Flow: 18 cfs.
Points of Divers'.on:
A. Union Avtmue Int ake, ""1ch is located on the right (East) bank of
the South Platte River, in Secti on 9, Township 5 South, Range 68
West, o f the 6th P.H., at a point approximately 2300' fran the North
section line of said Section and 300' fran the west section line of
said Section (fran 1965 uses 7 1/2 ' quadrangle sheet, photo revised
in 1980).
B.
c.
D.
E.
F.
Ensor Well Field, is located in Section 31, 'Ia.mship 5 South, Range
68 West, of the 6th P.M.
o.rt:let Manifold for City Ditch at Chatfield Reservoir, ..tiose center
line of the outlet oondui t intersects the center line of the dam at
a point whence the NW corner, Section 1, Township 6 South, Range 69
West, of the 6th P.M ., bears N 490 West, 4,070'.
Chatfield .Reservoir , located in Sections 6, 7, 17, 18, 19 and 20,
Township 6 South, Range 68 West, of the 6th P.M., and Sections 1, 2,
3, 10 , 11 , 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Township 6
South , Range 69 West, of the 6th P.H.
Headgate of the llighline Canal, which is located in Section 33,
Township 6 South , Range 69 West, of the 6th P.M.
Dad Clark Gulch at 1-tLellan Reservoir, wch is located in Sectiais
32 and 33 of TcMnship 5 South, Range 68 West, of the 6th P.H. , and
Sections 4 and 5, TcMnship 6 South , Range 68 West, of the 6th P.H.,
with the initial point of survey being a point whence the SE corner
of Section 32, TcMnship 5 South, Range 68 West, of the 6th P .M.
bears South 710 00 1 East 2,489.5 feet.
l\llCPl'El) l\ND APPRO\IID this 17th day of Decem:>er, 1990.
Attest:
~#Cl ~erow.c¥
-2 -
0
I, Patricia H. CrcM, City Clerk for the City of Englewood, Colorado,
hereby certify the above is a true oc,;,y of Re9olutioo No. ~. Series of 1990.
~fct•~ atr a H:
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DATE
December 17, 1990
INITIATED BY
STAFF SOI/RC!
~!\IE/ACTION PROPOSED
COUNCIL COIOIIJNICATION
AGENDA ITEM SllllJEC't
11 (b)
Water and Sewer Board
Stewart Fonda, Director of Utilities
1990 Water Ri9ht1
Appropriation ■
Council approval of a ppli c ations for 1990 water rights appropriations for the
HcBroom Ditch Exchange, the Well Water Exchange, mun i cipal appropriation s for iJirect
flow and ■toraga at Union Avenue and conditional and refill storage right ■ at
HcLellan Reservoir.
PREVIOUS COUNCIL ACTION
( None • ..,
STAFF ANP.LYSIS
It appears that several add itional water rights a nd exchanges would enhance
Englewood's r e.w water supply, even with a 1990 appropriation date. The addit i onal
r ights i ncl ude direct flow rights at the Union Avenue tntake, s torage rights a t the
centennial Park gravel p i ts and add itional storage rights in HcLellan Reservoir.
The exchanges include the HcBroom Ditch Exchange, which wou ld allow water a vail able
at the HcBroom Dit ch headgate to be taken at othe!' points along the aouth Platte
River, and the Well Water Exchange, which will permit water t o be taken ou t of the
south Platte River i f well water i s put into the riv er system at a downstream poi nt.
BACKGROUND
A 1990 appropriation date for a direct flow right is a junior right i n the Colorado
water syatem , However , there are pr.riods of the yea r whe n this right wou ld be in
prior ity and water could be taken . An exchange such as the ones listed ca n be used
to tra nsport water that is a vail able at dow nst:--eam locations to upstrec.m locations
without constructing pump stations and pipeline•, providing cert ain river condition ■
arli met. The storage rights at the Union Avenue (C e n tennial Pa rk ) gravel pits would
give Englewood the abilit y to use the gravel p its to store wate r ava ilable in wet
poriods of the year until it was needed in drier period,. The additional ctorage
rights at McLellan Reservoi r would not provide additional physical capacity at the
reservoir, but would allow additiona l amounts of wa t:er to be ca lled for and stored
by the reservoir each year.
~
Th• filln9 f••• for th••• application• will b• approximately $150.00. There will be
co ■ta for the water right ■ attorney and the water right ■ engineer to develop th•••
application ■• In addition, th••• water right ■ appropriation ■ will require water
court proc ■ading ■, which will n ■c ■a ■itat ■ additional fund ■ io;, ch ■ future ,