DISTRICT COURT, WATER DIVISION 6,

80302 | 11/15/2019 | Ad id: 8-0000510323-01
Details

DISTRICT COURT, WATER DIVISION 6, COLORADO TO ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIVISION 6 Pursuant to C.R.S. 37-92-302, you are hereby notified that the following pages comprise a resume of Applications and Amended Applications filed in the office of Water Division 6, during the month of October 2019. 2019CW3024 Moffat County TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. and the YAMPA PROJECT PARTICIPANTS, c/o Michael G. Sorensen, Senior Manager, Fuel and Water Resources, Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, CO 80234, Telephone: (303) 452-6111, E-mail address: Email Me. Please direct all correspondence concerning this Application to: Aaron Ladd, Esq. and Andrea A. Kehrl, Esq., Vranesh and Raisch, LLP, 5303 Spine Road, Suite 202, Boulder, CO 80301, Telephone: (303) 443-6151, Email: Email Me; Email Me with a copy to Roger T. Williams, Esq., Tri-State Generation and Transmission Association, Inc., 1100 West 116th Avenue, Westminster, CO 80234, Telephone: (303) 254-3218, Email: Email Me. APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE IN MOFFAT COUNTY. Tri-State is acting in this matter on its own behalf and on behalf of the Yampa Project Participants; the Yampa Project Participants include the following entities: (1) Tri-State Generation and Transmission Association, Inc., a Colorado cooperative corporation; (2) Salt River Project Agricultural Improvement and Power District, an Arizona agricultural improvement district; (3) PacifiCorp, an Oregon corporation, d/b/a PacifiCorp Electric Operations; (4) Platte River Power Authority, a Colorado political subdivision and power authority; and (5) Public Service Company of Colorado, a Colorado Corporation. Tri-State and the Yampa Project Participants shall herein be referred to collectively as "the Yampa Participants." 2. Name of structure: Juniper Reservoir. 3. Description of conditional water rights from previous decrees: a. Original decree: Entered September 1, 1960, as amended June 22, 1962, in Civil Action No. 1278, District Court of Moffat County, State of Colorado. b. Subsequent decrees: Timely applications for finding of reasonable diligence have been filed in compliance with Colorado law, and each such application was granted, continuing the subject conditional water right in full force and effect: Case Nos. W 10, entered on May 26, 1971; W 144 76, entered November 14, 1979; 80CW49, entered on September 3, 1981; 85CW107, entered on January 13, 1986; 89CW101, entered on August 30, 1990; 96CW62, entered on June 8, 1998; 04CW26, entered on November 25, 2006; and 12CW3008, dated October 22, 2013. All of these cases were adjudicated in the District Court for Water Division No. 6, State of Colorado. c. Location: The initial point of survey is located on the left abutment of the proposed dam at a point whence the West Quarter Corner of Section 17, Township 6 North, Range 94 West of the 6th P.M., bears South 14E26' East at a distance of 180.7 feet. d. Appropriation date: June 8, 1954. e. Source: Yampa River and its tributaries. f. Amount: The Yampa Participants own 8,310 acre-feet, CONDITIONAL, decreed to Juniper Reservoir. g. Uses: Generation of electric energy and industrial uses, including irrigation, stock watering, and domestic coincident with the dominant industrial use, piscatorial, and recreational uses. h. Change of water right decree: The decree entered May 8, 1981 in Case No. 79CW110, District Court for Water Division No. 6, State of Colorado, changed, inter alia, the subject conditional water right to an alternate place of storage in the existing Elkhead Creek Reservoir, which is described below: i. Source: Elkhead Creek. ii. Decreed location: The initial point of survey of the high water line of Elkhead Creek Reservoir is located at a point whence the South Quarter Corner of Section 16, Township 7 North, Range 89 West of the 6th P.M., bears South 34E47'13" East, a distance of 869.31 feet. This is also described as UTM Zone 13 NAD 83 (meters), Long. 298090 m, Lat. 4492392 m. i. Map: A map of Juniper Reservoir and Craig Generating Station is provided as Exhibit A. 4. Detailed outline of work and expenditures toward completion of the appropriation and application of the water to beneficial use: A. Tri-State is a wholesale electric generation and transmission cooperative association which supplies the electric power requirements of the service area of its owner-members on a non-profit basis through long-term contracts. Prudent utility planning requires long-range water supply planning and development to ensure that the necessary water supply will be available when required to meet increasing demand for electric power. B. The Yampa Participants own Units 1 and 2 of the Craig Station Power Plant, a thermal electric power plant consisting of three existing generating units with potential for expansion of use or capacity or upgrade of technology utilizing the same facilities at the same site. Tri-State is one of the Yampa Participants and is the operator of the Craig Station Power Plant. Tri-State itself owns and operates Unit 3 of Craig Station. The subject conditional water right is part of the water supply system for Craig Station Power Plant. The subject conditional water right is diligently maintained by Tri-State and the other Yampa Participants to ensure a long-term secure water supply for Craig Station Power Plant and any possible expansion or installation of or conversion to new technology, and they desire to continue said conditional right in full force and effect to ensure a long-term water supply for Craig Station. C. The decree in Case No. 04CW26, at paragraph 11, determined that the Juniper Reservoir water rights were part of an integrated water supply system for the Yampa Participant's Craig Station Power Plant. Therefore, any activities undertaken during the diligence period on any water right that is part of these integrated water supply systems supports diligence toward all water rights comprising that system. D. Tri-State and the Yampa Participants have spent substantial sums of money during the diligence period for work related to ensuring adequate water supplies and related water supply facilities for the Craig Station Power Plant, including legal, environmental and other work to maintain the Craig Station water supply. Significant efforts toward the development of the subject Juniper Reservoir water right and its use at Craig Station include: (1) raw water and river water systems maintenance and water system capital improvements including importantly rebuilding of the valve systems at the point of diversion for Craig Station (exceeding $7M); and (2) air quality control upgrades (exceeding $25M). E. Tri-State and the Yampa Participants spent approximately $285,000 for operation, maintenance, and the annual service charge at Elkhead Creek Reservoir during the diligence period. Tri-State and the Yampa Participants paid in excess of $75,000 in attorney's fees for the protection and development of its water rights portfolio, including the subject Juniper Reservoir water right. Tri-State and the Yampa Participants also dedicated significant staff time and resources to the same, including staff engineering and attorney time during the diligence period. F. Tri-State discussed with the City of Craig of and Colorado River District the parties' development of water rights in Elkhead Creek Reservoir and entered into an agreement regarding the operation and maintenance of the expanded Elkhead Creek Reservoir. G. This list of activities during the diligence period is not intended to be all inclusive and Applicants reserve the right to provide additional information. 5. Names and addresses of owners or reputed owners of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool. See Exhibit B attached hereto. Based on the foregoing, Applicants request the Court to enter a decree granting this application, finding that Applicants have exercised reasonable diligence in developing and completing the appropriation of this conditional water right during the subject diligence period and continuing the conditional decree and the conditional water rights in full force and effect for six years from the month in which a final decree is entered in this case. (8 pgs., 2 Exhibits) The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred. You are hereby notified that you will have until the last day of December 2019 to file with the Water Court a Verified Statement of Opposition, setting forth facts as to why a certain Application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must be served on the Applicant or the Applicant's Attorney, with an affidavit or certificate of such service being filed with the Water Court, as prescribed by Rule 5, C.R.C.P. The filing fee for the Statement of Opposition is $192.00, and should be sent to the Clerk of the Water Court, Division 6, 1955 Shield Dr. Unit 200, Steamboat Springs, CO 80487. MARY ANN NINGER CLERK OF COURT ROUTT COUNTY COMBINED COURT WATER DIVISION 6 /s/ Julie A. Edwards Deputy Court Clerk Published in the Craig Press on November 15, 2019. 0000510323