2 Colo. Code Regs. § 402-12.10

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 2 CCR 402-12.10 - Quantification Procedures for Water to be Released from the Bank

A. Acceptable Factors. Table A of these rules sets forth acceptable values for stored water deposited in the water bank that was historically applied to lands within a ditch service area as "winter water," Article II water, and/or releases of water pursuant to appropriative storage rights from vessels outside of the ditch service area. These factors are applicable to gross quantities of stored water. To claim values differing from those listed below, parties must submit to the State and/or the Division Engineer(s) a historic consumptive use analysis for consideration.

Table A
Ditch	Transit Loss	Canal and Lateral Loss	+	Tail Water	+	DeepPerc.*	=	Total Return Flows	C.U. Factor**
Bessemer	0.0000	0.1348	0.0523	0.2212	0.4083	0.5916
Colorado	0.0280	0.1618	0.0477	0.1267	0.3363	0.6356
Highline	0.0300	0.2244	0.0414	0.1490	0.4148	0.5553
Oxford	0.0300	0.0889	0.0549	0.3535	0.4972	0.4728
Catlin	0.0560	0.1051	0.0516	0.3239	0.4806	0.4634
Holbrook	0.0620	0.1133	0.0504	0.1972	0.3608	0.5771
Fort Lyon (P***)	0.0790	0.2563	0.0350	0.1204	0.4117	0.5094
Consolidate d (P)	0.0960	0.0874	0.0507	0.2305	0.3687	0.5353
Fort Lyon (J****)	0.0000	0.2783	0.0380	0.1307	0.4470	0.5530
Consolidate d (J)	0.0000	0.0967	0.0561	0.2555	0.4079	0.5921
Keesee	0.0040	0.0659	0.0590	0.2214	0.3463	0.6497
Fort Bent	0.0040	0.1203	0.0535	0.2094	0.3832	0.6127
Amity	0.0110	0.2363	0.0414	0.1426	0.4203	0.5687
Lamar	0.0200	0.1047	0.0540	0.3390	0.4976	0.4823
Hyde	0.0220	0.0647	0.0579	0.1991	0.3218	0.6562
Manvel	0.0200	0.1047	0.0540	0.3390	0.4976	0.4823
X-Y Grm	0.0350	0.0884	0.0546	0.1881	0.3311	0.6339
Buffalo	0.0410	0.0976	0.0533	0.2088	0.3597	0.5993
Sisn-Stbs	0.0480	0.0582	0.0568	0.1955	0.3105	0.6415

*Deep Perc. = Deep Percolation **C.U. Factor = Consumptive Use Factor

***Pueblo Reservoir ****John Martin Reservoir

B. The factors for waters stored within the Holbrook Reservoirs (Holbrook and Dye Reservoirs) pertain to units of banked water resident within those reservoirs. To claim values differing from those listed in Table B, users must submit to the State and Division Engineers a historic consumptive use analysis for consideration.

Table B
Reservoir	Canal and Lateral Loss	+	Tail Water	+	Deep Perc.*	=	Total Return Flows	C.U. Factor**
Holbrook Reservoirs	0.1208	0.0537	0.2102	0.3848	0.6152

*Deep Perc. = Deep Percolation **C.U. Factor = Consumptive Use Factor

C. No factors are proposed for use in connection with waters associated with the Colorado Canal Reservoirs (Lake Henry or Lake Meredith), for which quantification procedures have been established by decrees of the Water Court. Banked water derived from any of these Reservoirs shall be quantified in terms of "net loss water" as that term is used in Case Nos. 84CW62-64, Water Division 2.

D. For water other than those systems listed in paragraphs A, B, or C above, a historic consumptive use analysis must be submitted to the State and/or Division Engineer(s) for consideration. The State and/or Division Engineer shall review and apply the following criteria in considering the historic consumptive use analysis:

(1) historic diversion/storage records (1970-present) analysis;

(2) applicable decrees;

(3) crop evapotranspiration and irrigation water requirements;

(4) descriptive maps and diagrams; and

(5) additional information and/or analysis deemed necessary by the Division Engineer.

E. The State and Division Engineers shall apply the factors/procedures described in paragraphs A, B, C, or D above in approving and developing terms and conditions for proposed leases, loans, options and exchanges of water as set forth in Rule 12.8 in the following manner:

1. Only that portion of each unit of deposited water determined to be consumable shall be deliverable less any amounts deducted by the Division Engineer for evaporation and transit loss.

2. That portion of each unit of deposited water determined as transit loss that historically would have occurred in the delivery of water to the ditch headgate, shall be released from the reservoir at the time that other waters of the same type (i.e. winter water stored by a particular ditch company, for a particular year) as that deposited in the water bank are released, except as provided for in Rule 12.10.E.4 and 12.10.E.5.

3. That portion identifiable as canal and lateral loss is to be dedicated to use of other water users within the ditch service area and shall be released from the reservoir at the time that other waters of the same type as that deposited in the water bank are released, except as provided for in Rule 12.10.E.4 and 12.10.E.5.

4. In the event that all of the waters of a given type have been deposited in the water bank, then the timing of release of the transit loss and canal/lateral loss components of the deposited water shall be the same as that determined for the tail-water and deep percolation components in Rule 12.10.E.5.

5. The remaining tail-water and deep percolation components shall be released to the river by the Division Engineer to maintain historic return flow patterns. These releases shall reflect the return flow response resulting from historic patterns of use and shall be implemented starting at the time of completion of the transaction and continuing for a twelve (12) month period.

2 CCR 402-12.10