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HomeMy WebLinkAbout1990 Resolution No. 091Ir' ...._, RES'.Wl'IOI 00. CZJ. SElUES CF 1990 A RE9'.Ll1l'IOI l\l1l'IICIUZING l\ND RATIF"IING THE APPIO'RIJ\'l'IOI CF A RIGHT Cf' EKCWiGE Cf' AlJ.. WATER RIGH!'S Cf' THE CITY Cf' ENGL&«XD \<f!ICI MAY BE WITKllWil Fl(M ITS GR!XJND WATER WELLS. WIIERFJIS, the City of Englewood has reviewed its water rights, the wells fran whlch it may presently withdraw nontributary and not nontributary ground water and the points at which return flows fran said ground water enter the South Platte River and its tributaries ; and WHEm:AS, l:he City of Englewood has need to beneficially use water fran its water rights which may be withdrawn fran its oontributacy and not naitributary ground water wells at locations other than those wells (the alternate locations); and Wl!Em'.AS, the City of Englewood wishes to cbtain such water at the alternate locations by exchange, \ootlenever possible, rather than by the use of systems of pipes and p,mps ; NCM, 'l'IIEREFCllE, BE IT RESOLVED BY THE CI'IY CXXJNCIL CF THE CI'IY CF ~. COLORADO, 'IW\T: Section 1. 'Ille City of Englewood declares its intent to appropriate a right oTeiccnange 110re fully described belC7'1. (ii) Section 2. l'he City Attorney is authorized to cxmrence appropriate ccurt p~ ac:ca,plish the trans fer of Englewood's Well Water Exchange by which Englewood will seek to exchange water fran i ts wells to points upstream as set forth herein. Section 3. 'Ille City of Englewood author.izes and directs its utilities offic~take necessary physical acts and other actions to make the appropriation, including the operation of the exchange, the posting of signs ond other giving of notice, and the cbtaining and utilization of engineering. Section 4. 'lhe exchange referred to above is 110re particularly described as foilM:"'- Source of Water: Nontributary and not-nontributary well water withdrawn £ran wells a.1J1ed by the City of Engh .-ood. Point of introducti on: A. Bi-City Sewage Treat::rrent Plant o.itfall, located at Section 33, Tc7wnshi p 4 South, Range 68 West , of the 6th P.M. B. Uni on Avenue Intake, located on the r :.ght (East) bank of the south Platte River, in Section 9, Tc7wnship !, South, Range 68 West, of the 6th P .M., at a point approximately 23UO' fran the North aectioo line of said Section am\ 300' fran the West sectioo line of said Sectioo ( fran 1965 us.s 7 1/2' quadrangle sheet, p.lioto revised in 1980 l • C. The confluence of Little Dry Creek and the South Platte River, ~ch confluence is lc,c,.,ted at Section 33, Ta.mship 4 South, Range 68 West, of the 6th P.M. O. The confluence of Big Dry Creek and the South Platte River, ~ch confluence is located at Sectioo 9, Township 5 South, Range 68 West, of the 6th P .M. E. The confluence of Bear Creek and the South Platte River, ~ch confluence is located at Section 4, Township 5 South, Range 68 West, of the 6th P.M. F. The confluence of Marcy Mch and the South Platte River, "'1ich confluence is located at Section 6, Township 6 South, Range 68 West, of the 6th P .M, G. The confluence of Harvard Gulch and the South Platte River, is located at Section 28, Tc:r,,nship 4 South, Range 68 West, of the 6th P.M. H. The McBroan Ditch tail into the South Platte River, ~ch is located at Section 4, Ta,mship 5 South, Range 68 West, of the 6th P.M, I. The r-1::Lellan Reservoir outfall to the South Platte River, "'1ich outfall is located at Section 31, Township 5 South, Range 68 West, of the 6th P.M. Rate of Flow: 23,3 cfs. Points of Di version: A. Union Avenue Intake, located on the right (East) bank of the South Platte River, in Section 9, Township 5 South, Range 68 West, of the 6th P.M., at a point a{lE:roxirnately 2300' fran the North section line of said Section and 300' fran the West section line of said Sectioo ( fran 1965 US.S 7 1/2' quadrangle sheet, photo revised in 1980). B. Ensor Well Field. Section 31, T""'1ship 5 South, Range 68 West, of the 6th P.M. c. Oltlet Manifold for City Ditch at Chatfield Reservoir, whose center line of the outlet conduit intersects the ,:,enter line of the dam at a point whence the NW Corner, Sect0ion 1, Township 6 South, Range 69 West, of the 6th P.M., bears N 49 West, 4,070'. D. Chatfield Reservoir, located in Sections 6, 7, 17, 18, 19 and 20, Township 6 South, Range 68 West, of the 6th P.M., and Section 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 26, 27, 34 and 35, Ta,mship 6 South, Range 69 West, of the 6th P .M. E. Headgate of the Highli.ne Canal, located in Section 33, Township 6 South, Range 69 West, of the 6th P.M. -2 - I". Dad Clark Gulch at lt::!Allan Reaervoir, lotiich is located in Secticna 32 and 33 of TcMnahip s South, Range 68 west, of the 6th P.H., and Sectials 4 and s, TcMnship 6 South, Range 68 we ■t, of the 6th P.H., with the initial point of ~ being a point whence the SE cornu of Sectioo 32, TcMnship 710 00' Eut 2,489.5 feet. AlXPl'!D AND APPR:M!D thi■ 17th day of llecmtler, 1990, Attest: ~~~~ I, Patricia H. Crow, City Clerk for the City of Ehglewood, Coloraoo, hereby certify the above is a true COfl'1 of Resolutioo No. U, Seriu of 1990. ~~ti✓~ Patrcia H. Crow -3 - DIITS December 17, 1990 INITIATED BY STAFF SOURCE lSSUE/ ACTION PROPOSED COUHCIL COMNUHICATION AGENDA ITEM StlllJECT 11 ibl Water and Sewer Board Stewart Fonda, Director ot Utilities 1990 Water Rl;hto Appropriation• Council approval of application• for 1990 water right• appropriation ■ for the HcBroom Ditch Exchange, the Well Water Exchange, municipal appropriation ■ for d irect flow and storage at Un i on 1\venue and condi tional anC refill storage right ■ at HcLellan Reservoi r . PREVIOUS COUHCIL ACTION None. STAFF' ANALYSIS It appears that several additional water rights and e x changes would e nhance Englewood 's raw water supply, ,e v en with a 1990 appropriation date. The additional rights include direct fl ow rights at the Union Avenue Intake, storage r i ghts at th• Centennial 1-'ark gravel p i t s and additional storage rights in McLellan Reservoir. The exchsnges include the McBroom Ditch Exchange, which would allow watctr a v ailable at the Mc Broom Ditch heaUgate to be taken at other p oi nts along tho south Platte River, and the Well Water Exchange, which will permit water to be taken o ut of the South Platte River if well water is put into the riv er system at a downet ream point. BACKGROUND A 1990 appropriation date f o r a direct flow right i s a j unior right in the Cc-l::>rado water system. Ho\1'!ver, there are periods of the year wh en th is right would be in priority and water could be taken. An exchange such as the ones listed can be used to transport wate r that is availab le at downstream locat ion s to upstream locations wi thout constructing pump stat ions and pipelines, providing certain river conditio n ■ &re met. The storage rights at t he Un ion Av enue (Centennial Park) gravel pits would give Englewood the ability to use the gravel pita to store water a ve ilable in wet periods of the year until it was needed i n drier periods. The addit i onal atorage rights at McLellan Reservoir would not provide additional phys ical c apaci ty at the reservoir, but would allow add i tional amounts of w&ter to be called for and stored by the re ■ervoir each year . !:!!!!!!ill!! Th• filln9 fHI for th-■• 1pplle1tlon1 will be 1pproxlm1tely $150,00, There will be coat• tor tt,• water ri9ht1 attorne y and the water ri9ht1 1n9in1cr to develop th••• application1. tn addition, th••• water right• appropriation ■ will require water court proceeding ■, which will n ■ce ■■i tat ■ additional fund ■ in the future,