From The Pueblo Chieftain (Chris Woodka):
The board sees the move as a way to preserve water rights ownership in the Lower Arkansas River basin while providing Aurora with the certainty it needs in water resource planning. “The reason we started working on the Super Ditch was because of the reality that the cities have water needs, part of which was going to come from agricultural water,” said John Schweizer, Super Ditch president. “These leases will allow us to spread the effects of moving water over a number of ditches and avoid the bad effects of buy and dry. These leases will provide farmers with another crop with a guaranteed price and help them manage their risk and their business.”
Under agreements reached with other water users in the Arkansas Valley, Aurora can lease water only three years of every 10. The leases are confined to years when Aurora’s water supply is at less than 60 percent capacity, as a way to make up for lost yield from the Arkansas Valley water rights it owns in Crowley, Lake and Otero counties…
Major provisions of the agreement between the Arkansas Valley Super Ditch and Aurora:
– Aurora could buy up to 10,000 acre-feet of water per year until 2048 for any three years in a 10-year period up to a maximum of 145,200 acre-feet, provided that Aurora may lease more frequently in the final 15 years. The terms are the same as in Aurora’s 2003 agreement with the Southeastern Colorado Water Conservancy District, which was reaffirmed in a six-party intergovernmental agreement in 2004.
– Aurora would pay $500 per acre-foot annually, which would be adjusted according the Colorado Municipal League index of Colorado utility costs.
– The Super Ditch, in cooperation with the Lower Arkansas Valley Water Conservancy District, will provide legal counsel, engineering and other services to change water rights on the participating ditches. Aurora may participate as a co-applicant.
– Aurora is responsible for storage and exchange above Lake Pueblo. Aurora has obtained a contract from the Bureau of Reclamation for storage in Lake Pueblo and exchange to Twin Lakes for 10,000 acre-feet of water annually until 2048.
– Aurora agreed to support in concept legislation that would allow administrative approval of long-term temporary water transfers by the State Engineer.
– Aurora agreed to work with the High Line Canal board of directors and shareholders to sustain support of the Super Ditch water leasing program. Aurora reached a similar leasing agreement with the High Line board in 2008.
– The agreement is contingent on the signup of a sufficient amount of water, since water right owners in the Super Ditch are not required to participate in any specific lease agreement.
– Bylaws of participating ditches must be amended by Feb. 1, 2011.
– Aurora must comply with its 2009 agreement with the Lower Ark district, which stayed a federal lawsuit by the Lower Ark district against Reclamation over the Aurora contract. That agreement would extend restrictions on moving water out of the valley past the current 2048 date.
– County 1041 permits and Aurora City Council approval are required.