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HomeMy WebLinkAbout22_WATER_RIGHTS_&_IRRIGATION22.1Water Rights & Irrigation water rights & irrigation section 22 22.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission Water Rights There are significant historic, senior water rights appurtenant to the property. These water rights provide the irrigation for the agricultural production on the property. The water rights (all decreed abso- lute in Division 5, Colorado) that provide irrigation water are shown opposite. In addition, the water rights are delivered through the Herrick Ditch and Willow Creek Ditch, which structure diverts water from Maroon Creek, high above the property location. The ditch is oper- ated by the Willow Creek Ditch and Herrick Ditch Company; incorporated as a Colorado Mutual Ditch Company on June 7, 2002. The -/X Ranch, LLC is a member of the Ditch Company. The water rights owned by the Bar/X Ranch, LLC are diverted at the headgate and delivered to the property, in addition to other water rights flowing in the ditch during times when other owners are not using them. Irrigation Delivery of irrigation water changed drastically after the golf course that borders the western side of the pasture was constructed. Prior to that time, irrigation water flowed through a ditch to the South Pasture, then to the other pastures. Now, water is delivered from seven outlets in a pipe along the western side of the South Pasture; however, the location of the outlets coupled with the uneven ground in the pasture mean that much of the pasture is not well irrigated. The supply of irrigation water from this system is very reliable, and was available through the summer of 2003 in its customary amount, in spite of the severe regional drought. The Applicant has designed a large storage pond (see Section 20, Drawings C-1, C-2 and C-3, marked as “Lifton Pond”) capable of storing 6.82 acre-feet of water. This pond will have several functions, that, taken together, will greatly improve irrigation of the property. These are:  The elevated pond surface will allow water to be diverted to the south end of the East Meadow from where it can irrigate the entire East Meadow and supply irrigation water to Lot 7 through 12. Currently, water to supply this area has to cross the South Meadow, the ranch house area, corrals and barnyard.  The pond will buffer the unpredictable changes in flow from the Willow Creek Ditch, thereby greatly reducing the erosion being caused to the south slope of the Roaring Fork Canyon by abrupt surges in flow. These flow changes stem both from precipi- tation and from alterations in the amount of water being taken by up-ditch users.  The pond storage will help even up the flow of irrigation water to the different parts of the property, resulting in better overall irrigation. Additionally, the pond, being close to the perimeter of the affordable housing village, will be a scenic amenity to the inhabitants of the village. The Applicant is preparing an Augmentation Plan for submission to the Division 5 Water District that will provide the legal basis for all changes of use in water on the Bar/X Ranch property. The great majority of the water rights will, however, continue to be used to irrigate the ranch meadows and to water livestock. The plansheet (page 22.5) shows the entire future ranch irrigation system, as currently envisaged. 22.3Water Rights & Irrigation Willow Creek Ditch Decreed Water Right Priority No. Total Amount Decreed Adjudication Date Appropriation Date Case No. -/X Ranch, LLC Ownership1 Willow Creek Ditch 129 3.0 cfs May 11, 1889 July 1, 1885 C.A. 132 0.75 cfs Willow Creek Ditch, First Enlargement 174 3.0 cfs May 11, 1889 May 1, 1887 C.A. 132 0.75 cfs Willow Creek Ditch, Second Enlargement 209 30.0 cfs June 23, 1892 April 15, 1891 C.A. 4912 7.5 cfs Subtotal all Willow Creek Ditch Priorities 9.0 cfs Less 1987 Conveyance to City of Aspen3 <1.5 cfs> Total Willow Creek Ditch ownership 7.5 cfs Herrick Ditch Decreed Water Right Priority No. Total Amount Decreed Adjudication Date Appropriation Date Case No. -/X Ranch, LLC Ownership4 Herrick Ditch 440 9.3 cfs February 5, 1940 October 1, 1890 C.A. 3330 0.0 cfs Herrick Ditch, First Enlargement 683 51.56 cfs June 20, 1958 August 1, 1951 C.A. 4613 6.65 cfs Less 1987 Conveyance to City of Aspen5 <1.28 cfs> Total Herrick Ditch ownership 5.37 cfs 1 The below amounts reflect the amounts owned by the -/X Ranch, LLC, as of November 2003. These rights will be decreased by those amounts (0.35 cfs of the LLC’s rights for the domestic portion, and up to .9 cfs for the raw water irrigation) under contract to be conveyed to the City of Aspen upon final plat for the -/X Ranch, LLC development project. In addition, the Water Service Agreement between the -/X Ranch, LLC and the City of Aspen contains a provision that recognizes that the rate of diversion at the -/X Ranch, LLC property boundary will not exceed 5.0 cfs. 2 The Willow Creek Ditch, Second Enlargement was initially decreed conditional in C.A. 491, and then decreed absolute for 30.0 cfs in Case No. W-122 on June 22, 1971. 3 See Special Warranty Deed executed on August 10, 1987, recorded at Book 543, Page 406, Pitkin Co. Clerk and Recorder conveying 45.48 acres; and Special Warranty Deed executed on August 10, 1987, recorded at Book 543, Page 411, Pitkin Co. Clerk and Recorder conveying 1.5 cfs of Willow Creek Ditch rights (unspecified priority), and 1.28 cfs of the Herrick Ditch, Pr. 683; both conveyances from the Zoline Foundation to the City of Aspen. 4 The below amounts reflect the amounts owned by the -/X Ranch, LLC, as of November 2003. These rights will be decreased by those amounts (0.35 cfs of the LLC’s rights for the domestic portion, and up to .9 cfs for the raw water irrigation) under contract to be conveyed to the City of Aspen upon final plat for the -/X Ranch, LLC development project. 5 See note 3. 22.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission This page intentionally left blank