The 28 objections were filed in February, March and April on the application by the Super Ditch and the Lower Arkansas Valley Water Conservancy District, which sponsored the formation of the Super Ditch. Most say the Super Ditch plan is speculative, and other common concerns call for protection of water rights, the Fryingpan-Arkansas Project and the Arkansas River Compact with Kansas.
Among the many claiming the Super Ditch exchange may be speculative was Attorney General John Suthers, filing on behalf of State Engineer Dick Wolfe and Division Engineer Steve Witte…
The Super Ditch is negotiating with the Pikes Peak Regional Water Authority to supply water to El Paso County water users, but no final agreements have been announced. Among those potential users is the city of Fountain, which made the point in its application that Super Ditch should be subject to the same restrictions of exchange through Pueblo that other water users face under the 2004 intergovernmental agreement that created the Pueblo flow program…
Most of the ditch companies that would be involved in the Super Ditch filed objections: the High Line, Holbrook, Fort Lyon, Catlin and Oxford ditch companies.
While most used lawyers to express those objections, one ditch company president put his statements into his own words: “The Oxford Ditch Co. feels this application should be denied. Water rights from the Lower Arkansas River to Lake Pueblo and leased to Aurora of the Pikes Peak Regional Water Authority will de(p)lete the flow of water in the river,” wrote Oran Ray Smith, president of the Oxford Ditch. “Once this water is removed from the river, there will be a direct effect on the amount of water and water quality to the major ditches in the Arkansas Valley.”
The High Line Canal, along with the city of Aurora, has a similar exchange application pending in water court that would allow a permanent exchange modeled on a 2004-05 lease program. High Line’s objection is one of the most detailed, raising more than 30 points. Other valley ditch groups filed objections, including the Colorado Canal, mostly owned by Colorado Springs and Aurora; the District 67 Ditch Association, below John Martin Reservoir; Excelsior Ditch; and the Arkansas Valley Ditch Association. Three counties, Otero, Bent and Chaffee, filed objections. The Southeastern Colorado and Upper Arkansas Water conservancy districts both filed objections. Southeastern also has an exchange application pending in Water Court, and is primarily concerned about using Fry-Ark facilities mentioned in the Super Ditch application. Two well users groups, the Colorado Water Protective and Development Association and Lower Arkansas Water Management Association objected. Tri-State Generation and Transmission Association and Public Service Co., both of which have purchased substantial ditch rights in the Arkansas Valley, filed objections. The city of Pueblo, Pueblo Board of Water Works, Colorado Springs, Aurora, Pueblo West Metropolitan District and St. Charles Mesa Water District are municipal interests who raised concerns about the application.