Here’s the next part of Lee Hart’s recap of the July 1 meeting of the Chaffee County Commissioners working meeting for Nestlé’s Chaffee County Project. She writes:
Commissioner Tim Glenn tried to explain the gravity of Scanga’s testimony to fellow commissioners who either didn’t seem to understand the intricacies of water law and prior appropriation or simply did not share Glenn’s concerns. Glenn noted it was Scanga’s role to go “to bat for every water right and ag producer” in the valley and that he found Scanga’s testimony “fairly compelling.”[…]
“If you have a senior water right (as Aurora does), you can take it unless something in writing says you can’t take it,” Glenn explained to his fellow commissioners. Glenn said he’d feel better if Nestle’s augmentation came from a local entity that would probably care more about protecting local water resources than Aurora. Alternatively, Glenn suggested getting an agreement in writing that Aurora won’t draw down depletions and invoke its ability to exchange in a drought year and will only use water sources outside the Arkansas River Valley to supplement any municipal shortfalls created by the Nestle lease. But Glenn, always the pragmatist, said, “I seriously doubt that could happen.”
It’s really pretty simple. Aurora is leasing Twin Lakes water to Nestlé. The Twin Lakes decrees are pretty senior in priority. In times of low water — say, a drought — the river is governed by calls in any given stretch. Calls are made when someone with a decreed water right asks for their water. If current demand in that stretch exceeds the volume of water called for, water is doled out in order of priority, oldest first. So, again in a given stretch, a decreed party might just fall out of priority. This is determined by the decree and ditch company or project rules. Ditch companies generally allocate water equally — so much water per share.
The water that Aurora is leasing to Nestlé is for augmentation. The water will be released from storage at Twin Lakes to the Arkansas mainstem to pay the river for the water that Nestlé plans to pump at Hagen Spring. They’ll always pay this water to the river unless they fall out of priority which has been rare. Remember, Twin Lakes water comes from the rainy side of Colorado. The folks that will be effected in a drought are those junior to Aurora’s Twin Lakes rights.
Nestlé plans to truck 200 acre-feet or so of spring water per year to Denver for bottling.