
From The Pueblo Chieftain (Chris Woodka):
“We haven’t changed our plans at all,” said Mark Harding, president of Pure Cycle. “We’re still very interested in participating in this municipal-agricultural partnership.”[…]
Shortly after the purchase, Harding explained that Pure Cycle was looking for opportunities to use the water within the Arkansas River basin, as well as its stated intention of building a pipeline to take the water from the valley. Harding was among those who incorporated the Arkansas Valley Super Ditch in 2008, improving the chances that those Fort Lyon shares could be used within the valley.
Pure Cycle inherited conditions that were put on its Fort Lyon farms when High Plains A&M attempted to change the use of the water. In 2003, the Fort Lyon board approved moving the water outside the ditch, provided it was taken in rotation. In 2004, District 2 Water Judge Dennis Maes denied High Plains’ application to change the use of water because it was speculative. The Colorado Supreme Court upheld that ruling following a challenge by High Plains. Pure Cycle announced plans to build a pipeline from the La Junta area when it bought the water in 2006, although it soon became apparent those plans were years away. Pure Cycle now serves only about 300 homes, although it is in line to provide water for 24,000 acres of future development on the former Lowry Range east of Aurora, as well as a 5,000-unit development on Sky Ranch. For now, Pure Cycle continues to farm the land it owns on the Fort Lyon…
Harding also is noncommittal on what impact participating in the Super Ditch would have in stopping or delaying a pipeline from the Lower Arkansas Valley. “There are limitations on exchange potential, so I’m not sure what infrastructure would be necessary,” Harding said. The Super Ditch has filed for an exchange decree that would move water up the river and into Lake Pueblo, which still has to be approved in Water Court. Approval of ditch companies, county commissioners and other agencies also is needed before contracts can be drafted.
Meanwhile, Aurora’s hands are tied by intergovernmental agreements with respect to buying and drying more agricultural land. Here’s a report from Chris Woodka writing for The Pueblo Chieftain. From the article:
“We can become a farmer,” Aurora Mayor Ed Tauer said this week. “We can’t move the water [newly acquired water rights], however, so it’s unlikely we’d buy a large amount.” At a meeting with the Arkansas Valley Super Ditch board Tuesday, Tauer talked about putting water supplies from existing or new farms purchased by Aurora into the pool of water rights that could be used for the Super Ditch. That possibility is also accounted for in a 2009 agreement with the Lower Arkansas Valley Water Conservancy District that allows Aurora to participate either as a buyer or seller of water through the Super Ditch.
A 2003 agreement with the Southeastern Colorado Water Conservancy District — fortified by the 2004 six-party intergovernmental agreement — doesn’t limit Aurora from acquiring new water rights in the Arkansas Valley, but does prevent it from using existing infrastructure or changing the use of any new water rights, said Mark Pifher, director of Aurora Water.
More Arkansas Valley Super Ditch coverage here and here.
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