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HomeMy WebLinkAbout5A - Motion recommending a Management Option for Thunderbird Lake at Burke Park CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: September 22, 2008 AGENDA TITLE: Public Hearing and Consideration of a Motion Recommending a Management Option for Thunderbird Lake at Burke Park PRESENTERS: Jan Geden, CPRP, Director, Parks and Recreation Alice Guthrie, Parks and Planning Superintendent Matt Claussen, Urban Resource Manager Joy Master, Conservation Ecologist EXECUTIVE SUMMARY: The purpose of this memo is to provide the Parks and Recreation Advisory Board (PRAB) with additional information on potential management options for Thunderbird Lake as requested by the PRAB at its February 25, 2008 meeting. The PRAB is asked to make a recommendation to City Council on a management option for the lake. PRAB's recommendation and public input will be provided to City Council at a subsequent meeting. Staff and consultants have been investigating actions to manage the lake including evaluating ways to add water to the lake. A comprehensive evaluation of each considered option can be found in Attachment A. During the 2009 budget process, staff included $200,000 in the Capital Improvement Program budget for potential actions at Thunderbird Lake, recognizing that a plan of action had not been determined as yet. To date in 2008, staff has spent approximately $87,500 and projects spending an additional $33,000 before the end of the year. To assist in the decision-making, staff has included a matrix of benefits and impacts for each option (Attachment B) as well as additional information on cost estimates for each option (Attachment C). STAFF RECOMMENDATION: In consideration of the goals of the department's master plan and the city and department's current fiscal situation, staff recommends not adding water, but proactively addressing the existing and anticipated environmental conditions at the lake (Adaptive Management - No Supplemental Water). This recommendation supports the Parks and AGF,M)A ITEM # V-A PAGE I Recreation Master Plan goal to "Maintain and protect our parks and recreation facilities and programs." With this option, staff will dedicate the resources needed to manage the lake and surrounding area in the manner established in 2Q08 (maintain the water circulation unit, add microbes to control algae; remove duckweed, maintain the view corridors, monitor the water level, monitor for Culex mosquitoes and apply Bti when present). Additionally, the existing file drain would be maintained, so water would flow into the Iake when the groundwater is adequate. Ongoing maintenance costs will be calculated and budgeted in the Parks and Planning Division's operating budget and will result in internal re-prioritizations and reallocations. If the PRAB does not support the staff recommendation and determines that adding supplemental water to the lake is a priority, staff recommends adding potable water for a period of three years (multiple times per year, according to apre-determined water budget). This would be the least costly way to achieve the goal of having a visible lake with minimal odors. Staff would manage the lake and surrounding area and take the following actions: weed control, mosquito mitigation, algae control, maintain circulation unit, water quality sampling and maintain the view corridors. All expenses (resources and staff time) would be tracked. The three-year time frame coincides with the renewal of the wetland permit. At the end of the three-year period, staff would return. to the PRAB to review the management information and discuss the continued addition of potable water. Kcy Issue Identification: The key elements identified for Thunderbird Lake are the changing hydrology of the area and the capital and ongoing funds that will be required for management of the lake. The PRAB will need to balance the priorities of the community as reflected in the department's master plan, the expressed interest of the neighbors, the feasibility of adding water to the lake and the financial resources necessary for ongoing management of the lake. The PRAB is asked to recommend a management strategy, given the City Council filters of economic, environmental, and social sustainability. COUNCIL FILTER IMPACTS: • Economic: Some nearby residents have expressed concern that property values may decline if the lake is not returned to its former condition. • Environmental: According to biologists, the lake in its current condition is a healthy, functional ecosystem providing wetlands and wildlife habitat. With the changes in hydrology in the area, it will be difficult to guarantee sustained water levels in the lake over time. • Social: Community members have expressed diverse perspectives on the condition of the lake. Wetlands and wildlife habitat provide learning opportunities for residents and the nearby school children. Other residents have indicated that the park and lake are important to them as a place to be outdoors AGENDA ITEM # V-A YAGF; 2 and recreate. They value a lake full of water that contains fish with little vegetation on the banks. OTHER IMPACTS: • Fiscal: The costs to add water to Thunderbird Lake on an ongoing basis are substantial and range from $74,930 to $760,500, depending on the method (not including any adaptive management actions that may be desired). The estimated cost to manage the lake without adding water range from $20,500 to $157,160, depending on the level of management and any additional amenities constructed around the lake. • Staff time: All of the management options presented, with the exception of "No Action," will require additional staff time, resulting in modifications to the Parks and Planning Division's 2008 and 2009 work plans. PUBLIC FEEDBACK: Since 2007, members of the community have contacted the PRAB and City Council requesting that the water level of the lake be returned to previous levels and that it be managed to achieve its historic aesthetic condition. The department held two neighborhood meetings (September 27, 2007 and February 21, 2008) to discuss the changes in the lake and to gather community input on potential management options. Community members have been updated monthly since September 2007 on the work of the consultants and management actions taken at the lake. The updates were emailed and mailed to community members and posted on the department's web site at http:/hvww.houldcrcolorado.~ov/index.rhp?option=com content&task=view&id=4221 & Itemid--3171. In addition, staff has been in regular contact with interested residents. BACKGROUND: "The background information on the history of Thunderbird Lake was provided to the PRAB in a February 25, 2008 memo that can be found at http://w~~~~.bouldercolorado.~ov/index.php?option=com content&task=view&id=4554& Itemid=1889. February 2008 -PRAB ?iscussion For the February 25 PRAB meeting, Biohabitats, Inc. prepared a report, Potential Future Management Options for Thunderbird I ake, (http://www.bouldercalorado.gov,Windex.phU?o~,~tion=com content&task=view&id=8764 &Ltemid=3171.) that analyzed the four management options listed below: • Option 1 -Repairing/retrofitting the existing the drain that currently feeds the lake • Option 2 -Filling the lake with the storm water • Option 3 -Filling the lake with water from a groundwater well • Option 4 -Continuing with adaptive management AGENDA ITEM # V-A PAGE 3 The report included an assessment of water quality, water quantity, preliminary cost estimates and next steps. Staff provided cost estimates for initial capital costs and ongoing management costs for each option and noted that there was uncertainty regarding whether water rights would be needed to pursue Options 2 or 3, among other unknown factors. The PRAB made the recommendations listed below. The actions taken by staff since the February meeting to address the recommendations are included. • PRAB recommendation: Assess, and if possible, complete the inspection and cleaning of the original the drain. o Staff action: The original the drain was cleaned and videoed where the the drain could be accessed by equipment (approximately 2300 feet). Staff did not pursue locating access points on private property when groundwater levels were determined to be at least 1.5 feet below the ' elevation of the the drain. • PRAB recommendation: Assess and install groundwater monitoring wells. o Staff action: Nine groundwater monitoring wells were installed the week of April 7 and three of the wells were initially dry. Currently only one well is dry. Data collection devices were installed to monitor the groundwater levels on a daily basis. Biohabitats is developing a monitoring plan. • PRAB recommendation: Assess, install and obtain pump test for evaluation of the well option. o Staff action: A pump test was conducted at the corner of Inca and Caddo Parkways (wells # 1 and #6) the week of May 19. (See Attachment D, September 17, 2008 Biohabitats Memorandum, page 9). • DRAB recommendation: Obtain cost estimates for lake dredging, and look at the impacts and benefits of dredging. o Staff action: Estimates for dredging the lake ranged from $30,000 to $90,000. Staff determined that the impacts and benefits could be evaluated at a later date when the final management option is decided. Dredging alone without finding a source for water may not solve the water quality concerns and will likely be temporary, as the water that enters the lake is groundwater that can be high in nutrients. Dredging may not be necessary if the lake can be filled with enough water to allow for outflow on a regular basis. • PRAB recommendation: Request a supplemental appropriation from the fund balance of the .25 Cent Sales Tax Fund to fund the project. o Staff action: Staff will include the request in the third adjustment to base in November 2008. It will include funds expended to date as well as projected expenses through the end of 2008. • PRAB recommendation: Evaluate the options in the report after obtaining the additional information on groundwater levels and dredging. AGENDA ITEM # V-A PAGE 4 o Staff action: "I'he September 17, 2008 Biohabitats Memorandum (Attachment D) includes this evaluation, although dredging was not assessed at this time. CURRENT MA1~lAGEMENT: While pursuing additional infoi7nation for long-term management strategies (see information in subsequent sections of this memo), since May 2008 staff has conducted the following management activities at Thunderbird Lake: • Maintained the water circulation unit • Added microbes to the lake to control algae • Removed duckweed • Maintained the view corridors for views of the lake • Monitored the water level in the lake • Added 525,000 gallons of potable water • Monitored for Culex mosquitoes and applied Bti when present The results of ongoing monitoring indicated that the existing the drain was not providing enough water to fill the lake and a decision was made to add approximately 1.5 acre feet of potable water to 'Thunderbird Lake. A wetland permit was obtained for adding water to the lake and removing vegetation along the shore of the lake that would become inundated and decay, causing potential odor problems. Beginning on July 9, 525,000 gallons of water were added to the lake over five days, equaling 12 inches in depth. Since the addition of water, staff has monitored the water levels and evaporation rates. By August 6, 6.72 inches, or 56 percent, of the additional water had evaporated. Staff is working with consultants to lower the existing outlet from the lake by the end of the year, at a cost of approximately $10,000-$12,000. When the water Level is lower than the outlet (existing condition), the lack of flow-through results in poor water quality, as evidenced by increases in algae and duckweed. This modification will allow staff to manage water flows depending upon water availability. With the existing outlet, the lake has a surface area of 2.4 acres when full. By lowering the outlet, the surface area of the lake would be reduced to 2 acres when full. FU'I'i?RF, MANAGEMENT OPTIUN InENTIFICATION: Current Analysis At its February 25 meeting, PRAB requested that staff conduct additional research to evaluate the management options, including the feasibility and cost of supplemental sources of water for Thunderbird Lake. Due to the complexity of this issue, department staff consulted with other city staff (Water Utilities and Planning & Development Services) as well as experts in several disciplines -geomorphology, hydrology, wetland ecology, engineering, water rights and Colorado water law. The following technical reports provided by the experts infornl this multifaceted issue: AGENDA ITEM # V-A PAGE 5 • Biohabitats Inc. Memorandum - analysis of potential water sources, flow rates and water quality (Attachment D) • AMEC (formerly Hydrosphere) Memorandum -preliminary information on augmentation plans (Attachment E) • Ronni Sperling Memorandum -legal review of water rights (Attachment F) • HDR Technical Memorandum -preliminary engineering analysis of the Bear Canyon Creek option (Attachment G) • Guide to Colorado Well Permits, Water Rights, and Water Administration - a State of Colorado publication (Attachztzent H) Based on the original options presented at the February 25 PRAB meeting and additional community input, further analysis by staff and experts identified costs and constraints and resulted in an expanded menu of management options for consideration. Seven options for management of Thunderbird Lake have been evaluated and are presented here for discussion. The options were assessed using the following evaluation criteria: • Water rights Sustainability • Feasibilitylimplementation • Environmental factors • Neighbors' desires • Wetland permitting • Policy implications • Timeframe to implement • Cost A brief summary of each option is discussed below. A matrix of all the factors is included far comparison (Attachment B). • No Action • Adaptive Management (Original Option 4) • Potable Water • Groundwater Well * (Original Option 3) • Retrofitted/Lowered Tilc Drain * (Original Option 1) • Stormwater * {Original Option 2) • Diversion from Bear Canyon Creek These options include the addition of supplemental water. No Supplemental Water Two management options do not include the addition of water to the lake and expected results and management actions are described below. AGENDA ITEM V-A PAGE 6 No Action Staff would manage the lake and surrounding area according to current department park maintenance standards (mowing, trash removal, irrigation, health and safety repairs). In addition, the existing the drain would be maintained so that groundwater, if available, could enter the lake. This option is the most economically and operationally feasible, however it would not meet the aesthetic desires of the neighbors. Adaptive Management Staff will continue to manage the lake and surrounding area in the manner established in 2008 (maintain the water circulation unit, add microbes to control algae, remove duckweed, maintain the view corridors, monitor the water level, monitor for Culex mosquitoes and apply Bti when present). With this option the lake and surrounding area would look similar to the existing conditions pictured in Attachment I, depending upon the amount of groundwater and precipitation. Enhancements and capital projects could be explored, including re-assessment of the park amenities, the addition of a boardwalk or dock and the re-configuration of the Lake. A rendition of potential lake enhancement is provided in Attachment J. This option would meet most, if not all, of the evaluation criteria and may address the neighbors' desires for a clear, visible lake. Add Supplemental Water The following management options include the addition of supplemental water to Thunderbird Lakc. It should be noted that in periods of drought supplemental water may not be available. For any option that adds supplemental water to the lake, various permits will be required, including a city of Boulder standard wetland permit. If the wetland permit is approved, mitigation for the affected wetland would need to occur either on site (preferred) or at a different location. A slightly smaller lake would be beneficial from a wetland habitat and mitigation perspective, therefore staff recommends that the lake be maintained at a slightly reduced size as discussed in the Biohabitats Memorandum (Attachment I~) and as seen in a rendition (Attachment K}. Potable Water Of the supplemental water options, the addition of potable water would be the least costly. All the other supplemental water options require an application to the water court for approval of an augmentation plan andlor a change of the terms of a water right. While the original assessment of this option was fora "one-time fill per year," this amount of water may be insufficient to provide the desired water quality benefits. As a result the addition of'potable water "multiple times per year" was evaluated. Both the "Potable Water -one time per year" and the "Potable Water -multiple times per year" options are economically and operationally feasible and meet many of the evaluation criteria. The Water utility has established a potable water budget based on Block Rates for Thunderbird Lake only. While filling the lake multiple times per year would have a slightly higher cost due to modifications to AGENDA ITEM # V-A PAGE 7 the irrigation system and the cost of the additional water, this option is more likely to meet the neighbors' desires for a clear, visible lake. Groundwater Well The groundwater well options (either 8.5 or 3 gallons per minute) are viable from water availability and water quality perspectives. In order to proceed with this option, a well permit and augmentation plan will be required because the wel] would extract water from a depth lower than the existing file drain (Attachment L) and is not allowed within the associated water right decree. In order to develop an augmentation plan, additional groundwater data is required. Staff estimates the cost associated with conducting the groundwater research is $22,000 $47,000. Staff estimates that the total initial cost for this option would be $280,500 - $587,500 including the legal, research, engineering and construction costs. This process would take 30 to 48 months to implement. This option would meet most of the evaluation criteria and would address the neighbors' desires for a clear, visible lake. RetrofittedlLowered Tile Drain When originally evaluated, the scope of this option was to repair or retrofit the existing file drain at its existing location. Data from groundwater monitoring demonstrated that the groundwater level is below the file drain. As a result staff has researched the possibility of lowering the file drain to intercept more groundwater. Consultation with the city's water attorney indicates that water court approval or a change of water right would be required in order to lower the file drain. This process is complex and would involve the possible reassessment of the existing water right. This option has a degree of uncertainty as it is dependent on the availability of groundwater. Staff estimates that the legal, engineering and construction costs would be $390,500 - $722,500. Due to these factors, this option meets few of the evaluation criteria and would not meet the neighbors' desires for a clear, visible lake. Stormwater The stormwater option, as originally referenced in the February 25 PRAB memo, would have coordinated with a Stormwater management project identified in the Boulder Stormwater Master Plan. Ilowever, this project is a lower priority for Public Works/Utilities and, when originally considered, this option was the most expensive to implement due to extensive infrastructure development costs. Therefore, Biohabitats assessed a modified Stormwater option using existing infrastructure (diverting stormwater runoff into existing drain lines and catch basins). The costs associated with the modified option are $360,500 - $595,500 and concerns remain about water availability and water quality. While this option meets some of the evaluation criteria, it is unlikely to meet the neighbors' desires for a clear, visible lake due to the dependence on rainfall and water quality considerations. AGENDA ITEM # V-A PAGE 8 Diversion from Bear Canyon Creek Upon reviewing the analysis of the water rights needed for a groundwater well, it was suggested that it might be easier to divert city-owned water shares from Anderson Ditch through Bear Canyvn Creek to 'T'hunderbird Lake. The water would be available from April through Octvbcr. This option would require the following infrastructure development (Attachment G, HDR Technical Memorandum): • Installing a pump station on Bear Canyon Creek Obtaining access across University of Colorado property (President's residence) • Installing a pipe under CU property and under Caddo Parkway from Erie Drive past Inca Parkway (approx. 2,740 feet) Additionally, further analysis would need to be performed in order to file an application to water court fvr a change of use. This option is one of the most expensive ($455,500 - $760,500) due to significant design and construction costs (see Attachment C and G). "Chic vption satisfies many of the evaluation criteria and meets the neighbors' desires for a clear, visible lake. A comprehensive review of each option, including the evaluativn criteria of water rights, sustainability, feasibility/implementation, environmental factors, neighbors'desires, wetland permitting, policy implications, timeframe to implement and cost, may be found in Attachment A. The Biohabitats memorandum (Attachment D) explains in detail the lake elevation, outflow, timing of water availability; nutrient Loading, design and construction costs and timeframe and briefly addresses benefits or limitations and next steps. Specific water rights information can be found in the AMEC Memorandum (Attachment E) and the Sperling Memorandum (Attachment F). Funding The department prioritizes parks and recreation facility development based on criteria identified in the master plan. Priorities include providing safe parks and facilities, maintaining the current system, complying with the 1995 Ballot Initiative, and re- investing in revenue producing facilities. While criteria are included in the master plan, they are intended to be flexible and the rationale for specific capital projects is reviewed each year by the PRAB, Planning Board and City Council during the budget process. During the 2009 budget process, staff included $200,000 in the Capital Improvement Program (CIP) budget in Fund 118 (.25 Cent Sales Tax Fund) for potential actions at Thunderbird Lake, recognizing that a plan of action had not been determined. If the cost estimate of the recommended management option is in excess of $200,000, staff will review the CIP budget for 2010 and beyond and return to the PRAB with a list of potential trade-offs. Potential sources of funds for implementing the management option for Thunderbird Lake are Fund 230 (Permanent Parks and Recreation), Fund 118 (.25 Cent Sales Tax Fund) and Urban Parks Renovation and Refurbishment (Fund 230 and Fund 118). Since those funds are currently allocated, the monies for project AGENDA ITEM # V-A PAGE 9 implementation at Thunderbird Lake will require that currently identified CIP and major maintenance projects be deferred. Ongoing maintenance costs will be calculated and budgeted in the Parks and Planning Division's operating budget and will result in internal re-prioritizations and reallocations. QUESTIONS FOR PRAB: 1. Does PRAB support the staff recommendation? 2. If PRAB does not support the staff recommendation, which of the supplemental water options does PRAB recommend to City Council? NF,X'I' STEPS: The recommendation of the PRAB and the public comment received at the public hearing ' will be presented to City Council at a subsequent business meeting, tentatively scheduled for November 25, 2008. Based on the management option selected by City Council, staff will develop an implementation plan that includes a task list, schedule, detailed cost estimate, on-going maintenance costs and potential funding sources. Staff will return to the PRAB at a future date for a discussion of the implementation plan. Approved By: Jan Geden, Department Director ATTACHMENTS: Attachment A: Evaluation of Management Options for Thunderbird Lake Attachment B: Comparison of Management Options Attachment C: Cost Estimates for Thunderbird Lake Management Options Attachment D: Biohabitats Memorandum, September 17, 2008 Attachment E: AMEC (formerly Hydrosphere) Memorandum, September 10, 2008 Attachment F: Ronni Sperling Memorandum, September 10, 2008 Attachment G: HDR Technical Memorandum Attachment H: Guide to Colorado Well Permits, Water Rights, and Water Administration Attachment I: Vegetation 'Zones at Thunderbird Lake -Current Water Levels Attachment J: Illustration of Thunderbird Lake Options without Supplemental Water Attachment K: Illustration of Thunderbird Lake Options with Supplemental Water Attachment L,: Water Right Diagram AGEnDA ITEM # V-A PAGA: l0 Attachment A Evaluation of Management Options for Thunderbird Lake Seven options for management of Thunderbird Lake have been evaluated and separated into two main categories -the addition of supplemental water or not. Five of the options include the addition of supplemental water to the lake. The options were assessed using the following evaluation criteria: • water rights, • sustainability, • feasibility/implementation, • environmental factors, • neighbors' desires (to see a clear lake surface and have access to the water), • wetland permitting, • policy implications, • timeframe to implement • cost. For each of these options, it is assumed that the existing water right decree remains viable;. The the drain system that was scoped and cleaned in 2007/2008 will be maintained ($2,000 - $4,500). The outlet will also be lowered for each option ($10,000 - $12,000). For each option community education and outreach would be beneficial in order to address concerns and keep the public informed as to the process and progress. As was discussed during the February 25 Parks and Recreation Advisory Board (PRAB) meeting, this would also include interpretive sings being posted around the lake. The cost would be approximately $8,500 - $10,000 for the first year and is included for each option. No Supplemental Water No Action This option would control for potential health issues but would not provide the clear, visible lake some of the neighbors have requested. Staff would manage the natural area around the lake and the lake itself as it was prior to the drought of 2002. Management actions would focus on the health and safety of the public and include the following actions: o weed control (part of staff work plans, so no additional cost) o mosquito mitigation (part of existing contract) 0 other health and safety management actions o maintenance Analysis of Evaluation Criteria Water Rights • Not applicable if no addition of water. Sustainability • Most sustainable option as it would let the water stabilize given current . circumstances. AGENDA ITEM # V-A PAGE i 1 Attachment A Evaluation of Management Options for Thunderbird Fake Fcasibility/Implementation • Most feasible option as there would be no new practices to implement. Environmental • The ecosystem would evolve and if water did not increase naturally, it wot?ld likely transform into a more vegetative wetland with more diverse habitat value. Neighbors' Desires • Would not meet the expressed desires of some of the neighbors. Wetland Permitting • Would not require a wetland permit. Policy Implications • None Total Estimated Timcframe to Implement • Immediate Total Estimated Cost: $20,500 - $26,500 for the first year • Initial set-up: $18,500 - $22,000 • Legal: none • Ongoing: $2,000 - $4,500 for the file drain -other maintenance is already incorporated into budget Adaptive Management 'This option would incorporate and go beyond the "No Action" option. It would attempt to address the neighbors' concerns. This is similar to the current level of management being performed at the lake. Staff would manage the natural area around the lake and the lake itself including the following actions: o weed control (part of staff work plans, so no additional cost) o mosquito mitigation (part of existing contract) o adding microbes to decrease algae and sludge ($4,000 - $5,000/year) o maintaining Solar Bce® circulation unit ($1,000 - $1,500/year) o water quality sampling 0$720 - $2,160/year) n removing duckweed ($1000 - $5,000/year)\ o continuing management of the trees along the shoreline including thinning per the best management practices 0$500 - $1,000) o maintaining simple wetland permit and clearing of view corridors (51,500 - $3,000 includes permit and consultant fees) ¦ permits may or may not be approved; permits take approximately 1-2 months to obtain and need to be rc-issued every three years AcrNVA rr~:nz ~ v-,a t~nct~: i z Attachment A Evaluation of Management Options for Thunderbird Lake Staff may perform one or all of the following actions: o Maintenance ¦ adding an aeration unit or a fountain to improve water quality ($13,000 - $18,000) o Major Maintenance/Capital ¦ adding a boardwalk and dock to improve views and access to the lake ($65,000 - $75,000) * A wetland permit would be required. ¦ rc-assessment of other amenities (cost unknown at this time) • reconfiguring the lake (cost unknown as this time) Analysis of Evaluation Criteria Water Rights • Not applicable if no addition of water. Sustainability • Sustainable as this option would let the water stabilize given current circumstances but requires increases in staff resources. Fcasibi lily/Implementation • With exception of major maintenance/capital items, this option is very feasible as there would be no new practices to implement. The major maintenance/capital items vary in feasibility and are in order from most to least feasible. Environmental • The system would evolve and if water did not increase naturally, it would likely transform into a more vegetative wetland with more diverse habitat value. Neighbors' Desires • May meet some to most of the neighbors' desires depending upon which items are performed. Wetland Permitting • Would not require a wetland permit. Policy Implications • None Total Estimated Timeframc to Implement • Immediate to one year Ior major maintenance/capital items. Total Estimated Cost: $125,220-$157,160 for the first year • Initial set-up: $18,SUU - $115,000 (depends upon choice of maintenance and major maintenance/capital items) • Legal: none • Ongoing: $28,720- $42,160 AGE'.VDA ITEM # V-A PAGE. 13 Attachment A Evaluation of Management Options for Thunderbird Lake Add Supplemental Water The Adaptive Management items listed above may be performed in addition to adding water to the lake (no matter the method) and some may still need to be performed if addition of supplemental water is not sufficient to address the concerns on its own.. The items incorporated would be dependent upon factors such as the amount of water, water retention and the effects upon the ecosystem such as water quality. Therefore they arc not currently included in the cost estimates. The premise of adding water is that it was thought to be the best way to address the desires of some neighbors. They have expressed an interest in being able to sec the water, having the water surface clear of vegetation, having access to the lake and potentially having fish restored to the lake. Improved water quality is a factor in obtaining these results and while the microbes and Solar Bee® assist in this function, a • flow-through system would increase the effects. The visibility of the water and the . access can be addressed by either adding water to the lake or in other ways such as the aforementioned installation of a boardwalk. For any option that adds water to the lake, a "standard wetland permit" would need to be obtained ($5,000 - $8,000) to change the hydrology and habitat of the wetland area. A mitigation plan for the affected wetland area is part of the permit application. This permit . may or may not be approved. If the permit is not approved by the Planning and Development Services department, it can be called up by the Planning Board and if not approved by that body, it can be called up to City Council. The process can take anywhere from 3 to 8 months. If approved, mitigation would need to occur once. The ratio of affected habitat to the amount of habitat that would need to be created would depend upon the type of mitigation. If a wetland could be restored, the mitigation ratio would be less than if one needs to be created. Typically the ratio is 2:1 for creation and 1.5:1 for restoration. There may be }ustification for Lower ratios if some of the wetland functions are able to be kept versus totally destroying the wetland areas that are impacted. Mitigation costs vary significantly since they are very site specific. Estimates range from $20,000 to $200,000 per acre for the creation of a new wetland. Staff and Biohabitats recommend not filling the lake to its historic 2.4 acre surface area. For the options that add supplemental water, the recommendation is to add enough water to obtain 2.0 acres in surface area (up from the approximate l .5 acres it is now). The desires of the neighbors should still be met anal there would be less impact upon the existing habitat. This would better meet the wetland permitting requirement to show that impacts to the wetlands were avoided or minimized. A change to the wetland with mitigation within the buffer around the wetland to replace some of the impacted functions on site would range in cost from $20,000 to $50,000. If water is to be added to the lake, more groundwater monitoring wells may need to be installed to determine the potential for the lake to be connected to the groundwater. In some instances a few more monitoring wells may need to be installed to determine the AGENDA ITEM # V-A PAGE 14 Attachment A Evaluation of Management Options for Thunderbird bake conditions between the water source and South Boulder Creek. This is further explained in the memorandum from AMEC (Attachment E). The groundwater monitoring wells could be installed in approximately two months for between $10,000-$25,000 dollars, depending upon the number of monitoring wells. Some of the existing (9) monitoring wells would also need to be permanently permitted at $250/each. Each of the options described below is susceptible to being affected by drought and is in no way a guarantee that water would be provided during such periods. Potable Water Overview This option could incorporate items of the Adaptive Management option, although some of the items may not be necessary if conditions such as water quality can be improved. For any option that adds potable water to the lake, an annual Colorado Department of Public Health and Environment (CDPIIE) Minimal Industrial Discharge (MINDI) permit is required. A permit is required to have any discharge/flow out of the lake via the outlet and a permit is necessary because the lake is not likely Lined and has the potential to recharge the groundwater. Onc permit can cover both of these issues. The permits typically have a 30-day review period. They are generally approved, but with conditions such as necessary monitoring, sampling and flow metering. The MINDI permit was waived for the addition of water earlier this year but would be required in the future. The cost for the permit is currently $630 per year. Using potable water would be the least costly supplemental water option because the other options require significant monitoring and an application to the water court for approval of an augmentation plan and/or change of the terms of a water right. The Water Utility staff and Parks and Recreation Department staff have developed a tentative plan for along-term water rate structure for the possible addition of potable water to the lake. This plan is compatible with the city's newly-adopted water budget billing structure and will supplant previous cost estimates for use ofpotable water. These previous estimates were based on the city's bulk water rate for users such as water hauling companies that fill from a designated tap at the city's maintenance complex. The 2008 rate f'or this type of use is $8/1000 gallons or $2607/acre foot (af). The proposed payment plan would set the budget for potable water for Thunderbird Lake based on the average annual net evaporation amount (total evaporation less the amount offset by precipitation) estimated to occur from the lake surface. 1'he net evaporation would become the amount defined as 100 percent of the annual budget far this use. Therefore, the Parks and Recreation Department would pay the Water Utility at Block 1 rates ($1.95/1000 gallons in 2008) for use up to 60 percent of the budgeted amount and Block 2 rates ($2.60/1000 gallons in 2008) for the remainder of the budgeted amount. Total potable water usage would be expected to stay at or below 1 UO percent of the budget, but if it did not, payments for the additional water would be made at the higher rates i'or Blocks 3, 4 or 5 in accordance with the established water budget rate procedure. In 2UU8, these rates range from $5.20/1000 gallons to 513.00/1000 gallons. This proposal is contingent on a commitment to maintain the existing the drain to obtain flows into the AGENDA ITEIl1 # V-A PAGE 1 S Attachment A Evaluation of Management Options for Thunderbird Lake lake that would offset seepage and provide for flow-through needs based on the existing water right for the drain tile. Under the proposal, potable water available to the lake would be reduced during droughts severe enough to affect the entire municipal water system. The water budget would be reduced in drought years, with corresponding higher charges if potable water use for the lake was not reduced accordingly. In more severe draughts, potable water use for this purpose could face mandatory restrictions or complete elimination. This year, the Department paid the city Water Utility $100/af for water discharged into Thunderbird Lake on a one-time basis only. This rate was based on the cost to bring Windy Gap Project water over from the western slope through the Colorado-Big Thompson Project facilities specifically for this purpose. The payment covered only the pumping and delivery costs for the Windy Gap water. It did not cover any of the capital cost for the water, treatment costs, pipe infrastructure costs or any of the other costs incurred by the Water Utility in delivering treated water. Therefore, the $100/af rate should not serve as the basis for along-term commitment for the provision of potable water for Thunderbird Lake. Analysis of Evaluation Criteria Water Rights • No water right application would be needed for this option because the potable water will come from City water rights that are already legally decreed for all municipal uses. Sustainability • Water will be available as long as there are no drought restrictions. City Council previously adopted reliability criteria for the Water t;tility with the goal of meeting all municipal water demands up to droughts severe enough to occur no more often than once every 20 years on average. As long as a drought stage has not been declared and no emergency situation exists with water system facilities, water will likely be available from the municipal system to fill the lake. Therefore, water should be available for purchase in approximately 19 out of 20 years. Some staff oversight and maintenance would be required. Feasibi city/Implementation • Feasible assuming the standard wetland permit is obtainable and mitigation possible. Enviromnental • Depending upon the amount of water added, the existing habitat may be minimally to mostly altered from emergent/wetland and upland/riparian habitat to a small amount of emergent/wetland vegetation and more aquatic habitat. This would be a less diverse habitat overall. AGENDA ITEM # V-A PAGE 16 Attachment A Evaluation of Management Options for Thunderbird Lake Wetland Permitting • Required Policy Implications This would set a policy precedent related to filling other city lakes. Potable Water -One time per near fill of the lake Filling of the lake could be accomplished each year by working with the city Water Utility to tap into a nearby fire hydrant. This method was used to add water to the lake in 2008. The hydrant produced 250-325 gallons per minute (gpm) and provided 525,000 gallons of water 0$200 per the 2008 rate but future years will be subject to the rate structure described above) in about five days (running approximately seven hours per day). This could be done at any time of the year, subject to priority needs of the water system to meet municipal demands. This process involves: • metering the amount of water o $6080 to fill the first year and about $2,520 each year thereafter -given 2008 potable water rates and only filling to 2 acres in surface area o $15,314 to fill the first year and about $3,241 each year thereafter - givcn 2008 potable water rates and filling to about 2.4 acres in surface area • putting the water through a dc-chlorination chamber ($2,000 - $4,000) • running a fire hose across the street • signage f'or traffic and a speed bump to protect the hose • diffusing the water with a diffuser and straw matting to decrease sediment disturbance • a staff person on site to monitor flow and chlorine content ($3,000 - $5,000) • water quality sampling 0$720 - $2,160/year). Analysis of Evaluation Criteria Neighbors' Desires • Will meet some of the neighbors' desires at least while lake retains water. Would meet more if some of the Adaptive Management items were performed in conjunction. Total Estimated Timeframe to Implement • 3 - 8 months depending upon permitting process. Total Estimated Cost: $74,930 - $131,604 for the first year • Initial set-up: $38,500 - $72,000 • Legal: none • Ongoing: $36,430 - 559,604 AGENDA ITEM # V-A PAGN: 17 Attachment A Evaluation of Management Options for Thunderbird Lake Potable Water -multiple times per Year filling of the lake The lake could once again be filled from a fire hydrant; however if potable water is to be used on a recurring basis, it may be easier to retro-fit the existing irrigation system with one or two lines discharging into the lake. This method could provide 100-200 gpm. This would need to be worked within the current irrigation schedule and this rate would require more time to fill the lake. One of the existing irrigation system taps is near electricity and would therefore be easier to winterize. Filling could then be done between mid-March and mid-December (9 months). This would incur some construction costs for the new line and, potentially, a cobble bed to assist with de-chlorination ($5,000 - $10,000). Analysis of evaluation Criteria Neighbors' desires (sec the water, surface clear of vegetation and lake access) • Should meet the Neighbors' desires especially if some of the Adaptive Management items were performed in conjunction. Total estimated timeframe to implement: • 3 to 8 months depending upon the permitting process. Total Estimated Cost: $83,370 - $150,604 for the first year • Initial set-up: $43,500 - $82,000 • Legal: none • Ongoing: $39,870 - $68,604 The following options all require some version of water rights implications. While going through the water rights process, our existing water right may be called into question. If this happens, a change in the existing water right decree may also be needed. Groundwater well at 8.5 or 3 gallons per minute (gpm) As part of the groundwater monitoring and well feasibility evaluation, a monitoring well has already been drilled at the corner of Inca and Caddo Parkways. (This monitoring well cannot be used for filling the lake without a well permit and a plan for augmentation.) This monitoring well was found to have a sufficient water supply for up to an 8.5 gpm rate. The 3 gpm rate would still provide outflow and, over the long term, would be more desirable from a water rights augmentation perspective. It may not allow for a good initial flushing of the system. A higher than 3 gpm amount could be settled upon for the augmentation plan to cover flushing the system and then the amount of actual use can be adjusted back down on a regular basis. The augmentation plan obligation is only to augment whatever amount is actually pumped, so the higher rate could be decreed but would not have to be used nor would it need to be augmented if it was not used. However, if the higher rate is decreed and the well does not ultimately pump into the lake at that rate, the gpm rate in excess of what is actually pumped might eventually be cancelled in a diligence case. Implementation time is dependent upon the level of input received by objectors and the State Engineer's Office. AGENDA ITF.,M # V-A PAGE 18 Attachment A Evaluation of Management Options for Thunderbird Lake A pumping station would still need to be installed to transform the monitoring well to an extraction well. This would include connecting to a power source (~$55,000~$65,000). Analysis of livaluation Criteria Water Rights • The existing water right is not able to be utilized because the well would tap into a part of the underground aquifer that the existing system could not. A well permit would be required. This well is not exempt and would therefore require a plan for augmentation prior to the permit being issued. An augmentation plan would require that a depletions study/MODFLOW analysis ($10,000 - $15,000) be performed to find out where the water for the well would be removed from and where it would need to be augmented back to. In order to perform a depletions study, eight to nine more groundwater monitoring wells may be needed. Once this data is obtained and the depletions study complete, an augmentation plan could be written, negotiations held with objectors to the plan, and, if no settlement on terms to protect against injury to other water users can be reached, trial preparation and participation would occur ($10,000 - $35,000). Replacement water for an augmentation plan may be hard to secure and expensive depending upon the location of the depletions, mainly Boulder Creek and likely some South Boulder Creek. Water rights to augment depletions to Boulder Creek may be available for purchase from the City Water Utility, but private sellers would need to be sought for water rights on South Boulder Creek. Also, it may be easier to gain use of reservoir storage space for augmentation water on Boulder Creek than on South Boulder Creek as described in the AMF.C memorandum (Attachment E). The delayed effect from well pumping would need to be tracked for every day that the well operates and provisions made to have water available when the depletion affects the river. It may require two to four hours a week for a staff person to do the augmentation accounting. For depletions to Boulder Creek, water such as Anderson and Farmers Ditch could be acquired, either from the City Water Utility or from a private seller. For South Boulder Creek, Howard or Dry Creek No. 2 shares could be acquired from private sellers. The water shares would need to be changed through water court to allow augmentation and storage in a reservoir above the point on the stream affected by the well depletions. The augmentation water could then be released as needed to match depletions occurring to the river during the winter when the ditches that are the source of the augmentation water are not operating. Since reservoir storage is likely to be at a time when the space in Barker Reservoir would otherwise be filled with municipal water, a small reservoir on Boulder Creek might need to be constructed. For any depletions that occur to South Boulder Creek, the Department would have to construct a reservoir since the Water Utility does not own any reservoir storage on South Boulder Creek suitable for this use. Abroad estimate of cost to acquire shares yielding sufficient augmentation water would be 540,000 to $80,000. Cost AGE'.VDA ITE:11 # ~'-A PAGI? 19 Attachment A Evaluation of Management Options for Thunderbird Lake of constructing a small reservoir of about 10 acre-feet might be in the range of $50,000 to $120,000. The substitute water supply plan mentioned in the memorandum from Ronni Sperling (Attachment F) could be approved during the time the application for approval of a plan for augmentation and/or change of water rights is pending in water court. Phis would mean that all potential objectors would need to be notified rather than simply allowing objectors to come forward. It would also require that the storage requirements, if any, be in place beforehand. Although the water right will be a junior right, there will also be an augmentation plan and therefore the well can pump (including during droughts) even though its water right is out-of-priority as long as a water supply is available to augment the well depletions. Thus, with a secure augmentation supply, the well will be able to provide water to the lake year round unless the well itself dries up. Sustainability • Sustainable even during most drought years if the augmentation plan is solid enough to account for drought. The water right will be an augmented junior right that can only be pumped if augmentation water is available to satisfy senior water rights. A shortage of augmentation water would mean that the well can't be used at that time. This situation could happen in serious drought years, which might occur every 10 to 25 years. • Sustainable if the well does not go dry. Feasibility/lmplernentation • Feasible from water outflow and quality perspectives. Dependent upon water rights. More "front-end" information is needed initially than other options but similar in monitoring and tracking time at least for Diversion to Bear Canyon Crock option. Environmental • Depending upon the amount of water added, the existing habitat may be minimally to mostly altered from emergentlwetland and upla~id/riparian habitat to a small amount of emcrgent/wetland vegetation and more aquatic habitat. This would be a less diverse habitat overall. Neighbors' Desires • Shouid meet the neighbors' desires especially if some of the Adaptive Management items were performed in conjunction. Wetland Permitting • Required ,~cFtin,~ rT~F:~t;~ v-.n r,~cL ,n Attachment A Evaluation of Management Options for Thunderbird Lake Policy Implications • None Total Estimated Timeframe to Implement • 30 to 48 months Total Estimated Cost: $280,500 - $587,500 for the first year • Initial set-up: $178,500 - $345,000 • Legal: $25,000 - $100,000 • Ongoing: $77,000 - $142,500 Retrofitted/Lowered file drain This option has changed from its original intent. In February the DRAB asked staff to further investigate the condition of the existing tilt drain to determine if by cleaning and repairing it, flows might be increased into the lake. The main section of the file drain was cleaned and scoped and found to be free of blocks or breaks. From the installation of the groundwater monitoring wells, it was determined that the file drain is situated higher than the groundwater level; therefore, staff did not pursue the process of finding, accessing, cleaning and scoping the rest of the file drain. Analysis of Evaluation Criteria Water Rights • The existing water right is anon-tributary water right, and it is not administered within the priority system. Initial information suggested that the file drain could be repaired or realigned within 200 feet of its current location without water court approval (under the existing water rights decree). Staff began to explore the potential to lower the file drain to meet the groundwater. It was later determined by the city's water right attorney that while the file drain could be re-aligned within 20U feet, it could not be lowered without water court approval or a change of water right for the existing file drain water right, as it may result in diversion of water from a different source or in amounts greater than those available from the original depth. Filing an application with the water court for a change of this water right will likely put the current decree's non-tributary finding concerning the water right at issue, with the risk that the non-tributary finding could be modified by the court. If the source of water for the file drain water right is found to be tributary groundwater, then the water right will thereafter be subject to administration within the priority system, similar to the process described for the well. Sustainability • This option is not sustainable. 1'he amount of the additional water that could be obtained is unknown. It relies upon rain and other groundwater sources that fluctuate. If the file drain is lowered, the water table could drop even further. AGENDA ITEM # V-A PAGE 2l Attachment A Evaluation of Management Options for Thunderbird Lake Feasibility/Implementation • A large portion of the the drain was cleaned and scoped and found to be in good repair. Groundwater monitoring wells were installed and the water table was found to be lower than the the drain and therefore, the only water reaching the the drain is from rain ar other surface permeation. Given the water rights implications of retrofitting the tilc drain, the unknown feasibility of being able to lower the the drain and the fact that it would still rely on intermittent sources, this option is minimally feasible. Environmental • Depending upon the amount of water added, the existing habitat may be minimally to mostly altered from emergentlwetland and upland/riparian habitat to . a small amount of emergent/wetland vegetation and more aquatic habitat. This would be a less diverse habitat overall. Neighbors' Desires • May not meet any of the neighbors' desires especially without Adaptive Management items as well. Wetland Permitting • Required Policy Implications • None Total Estimated Timeframe to Implement • 30 to 48 months Total Estimated Cost: $390,500 - $722,500 for the first year • Initial set-up: $288,500 - $480,000 • Legal: $25,000 - $100,000 • Ongaing: $77,000 - $142,500 Stormwater The original stormwater option involved working with Public Works on future improvements and the creation of a new system per the Boulder Stormwater Master Plan. As the option was found to be expensive and less feasible than others, but was still an expressed interest, the option was modified to evaluate tying into the existing system. Anal semis of Evaluation Criteria Water Rights • The existing water right could not be utilized for this option as it would potentially collect water that would not have made it into the file drain. No decreed water right is required to run storm water through Thunderbird Lake provided no storage occurs (i.e. the same amount of storm water that enters the AGENDA ITEM # V-A PAGE 22 Attachment A Evaluation of Management Options for Thunderbird Lake lake must flow out of the lake). Storm water can be stored in Thunderbird Lake during free river periods (when there are no downstream "calls" for water by decreed water rights.) If storage occurs during periods of "call," a decreed water right and an augmentation plan is required unless any storm water stored out of priority is released from, or pumped out. of, the lake within a short time after the storage occurs, generally within 24-72 hours of the storage. These requirements would apply whether the storm water is directed into the the drain before being delivered into the lake, or delivered directly into the lake." There would need to be great attention toward monitoring the inflow and outflow of water on a daily basis. Sustainability • An average precipitation year may provide enough water but drier years will not and water is only available during storm events. Feasibility/Implementation • The nutrient load would be higher and therefore water quality would be lower likely causing more management issues in regard to fish, algae and other vegetation. A treatment wetland created on the western side of the lake may help to offset the nutrients and pollutants: Significant staff time would be required to prevent water rights violations without obtaining a decreed water right. Obtaining a decreed water right is similar in feasibility to the well option. Environmental • Depending upon the amount of water added, the existing habitat may be minimally to mostly altered from emergent/wetland and upland/riparian habitat to a small amount of emergent/wetland vegetation and more aquatic habitat. This would be a less diverse habitat overall. Neighbors' Desires • May not meet the neighbors' desires without Adaptive Management items. Wetland Permitting • Required Policy Implications • None Total Estimated Timeframe to Implement • Greater than l2 months without the water right and 30 to 48 months with it. Total Estimated Cost: $360,500 - $595,500 for the first year • Initial set-up: $258,500 - $353,000 • Legal: $25,000 - $100,000 • Ongoing: $77,000 - $142,500 AGENDA ITEM # V-A PAGE 23 Attachment A Evaluation of Management Options for Thunderbird Lake Diversion of Anderson Ditch water from Bear Cannon Creek ilpon analysis of the well, it was determined that, from a water rights perspective, it may be easier to get water from the Anderson Ditch that has been released into Bear Canyon Creek. This option was added to the assessment so that the water rights implications could be evaluated against the design and construction implications. This option would also require an easement agreement with CU. The potential for this has been broached with a CU representative; however, no formal discussions have occurred. Analysis of Evaluation Criteria Water Rights • A change of use analysis would need to be performed on a share of the Anderson Ditch Company and associated water right that the City Water Utility currently has and would be willing to sell or lease to the Parks and Recreation Department. The portion of the water associated with the share from the Anderson Ditch that had historically been fully consumed could be released into Bear Canyon Creek at the end of the Anderson Ditch at Table Mesa and Broadway. The water could then be diverted out of Bcar Canyon Creek and into an extension of the drain the line. This use of Anderson Ditch water diverted out of Bear Canyon Creek would involve a change of use proceeding through the Water Court to allow the water right to be used in a location other than the historic place of use and to store the water in the lake where it would be used for aesthetic, wildlife, recreation, piscatorial (relating to fish) and related uses other than just the currently decreed irrigation use. Therefore, it would require an analysis of the historic use of the water to identify the historic return flow pattern from that use in order to continue that pattern so that downstream water rights that had depended on the return flows would not be injured. Once the historic return flow pattern is quantified, on-going releases would need to be made to replicate any return flows that were not offset by the new use of the water in the take. Winter return flow obligations from the historic use, if any, would be to Boulder Creek or Bear Creek based upon the location of the historically-irrigated Anderson land. During the irrigation season, a portion of the divertible Anderson water can either be left at the headgate at Boulder Creek or released down Bcar Creek to cover the return flows that were generated by the historic use of the Anderson water. When Anderson is not running, the water to replace historic return flows will have to come from a reservoir. Following a water court change proceeding, non- irrigation season return flow obligations, if any, could be made up by storing a small portion of the Anderson share yield in Barker Reservoir during the irrigation season for later release in the winter. If the Anderson water were stored beginning in late August, it is likely that it could most often be stored in space that had been already emptied of its municipal water for the year. Costs would be approximately a few hundred dollars annually to cover administration, accounting and release of the water. It should be noted that this option is a direct use of Anderson water for the lake AGENDA ITEi~1 # V-A PAGE 24 Attachment A Evaluation of Management Options for Thunderbird Lake and no water will be available for delivery into the lake when Anderson Ditch is not running from about mid-October until mid-April. 1f the Department were to acquire 1/2 share of Anderson water from the Water Utility or from another seller, the cost would be about $40,000 - $45,000. Sustainability • Direct diversion of Anderson Ditch water through Bear Canyon Creek is based on a water right that has historically been decreed for agricultural use; therefore, it would only be available roughly mid- April through mid-October (six months). The Anderson Ditch Company right is very senior (1860) and would yield water during the irrigation season in almost every year. Feasibility/Implementation • Feasibility is dependent upon obtaining an easement over CU property and installing infrastructure among existing systems such as the storm sewer. No augmentation plan is necessary, but on-going coverage of any historic rctum flows may be required. Monitoring and tracking would slightly less than for an augmentation plan for a well. Environmental • Depending upon the amount of water added, the existing habitat may be minimally to mostly altered from emergendwctland and upland/riparian habitat to a small amount of emcrgentJwetland vegetation and more aquatic habitat. This would be a less diverse habitat overall. Neighbors' Desires • Should meet the neighbors' desires especially if some of the Adaptive Management items were performed in conjunction. Wetland Permitting • Required Policy Implications • Nonc Total Estimated Timeframe to Implement • 30 to 48 months Total Estimated Cost: $455,500 - $760,500 for the first year • Initial set-up: $353,500 - $553,000 • Legal: $25,000 - $100,000 • Ongoing: $77,000 - $107,500 AGEVUA I"I'E~1 # ~'-A PA(:F, 2~ Comparison of Management Options Attachment B Environmental Meets Wetland Water Rights Feasilbility! (Wetland Neighbor's Permit Policy Timeframe to Criteria Implications Sustainability Implementation Habitat) Desires Needed Implications Implement Costs Initial Setup 1 Options Capital Legal Fees Ongoing No Su lemental Water No Action No + + + No No Immediate $18,500 - $22,000 $0 $2,000 - $4,000 Adaptive Mana ement No + + + 0 No No Immediate $96,500' - $115,000 $0 $'L8,720 - $42,160 Add Su lemental Water Potable Water -One time per year No 0 + 0 Yes YeslPrecedent 3.8 months $38,500 - $72,000 $D $36,430 - $59,604 Potable Water -Multiple times per year No 0 + + Yes Yes/Precedent 3.8 months $43,500 - $82,000 $0 $39,870 - $68,604 Groundwater Well Yes 0 0 - + Yes No 30.48 months $178,500-$345,000$25,000-$100,000 $77,000-$142,500 RetrofittedlLoweredT~le Drain Yes - - Yes No 30.48 months $288,500 - $480,000 $25,000- $100,000 $77,000 - $142,500 Stormwater Yes - - Yes No 30.48 months $258,000-$353,000$25,000-$100,000 $77,000-$142,500 piversion from Bear Canyon Creek (Anderson Ditch water) Yes 0 - + Yes No 30 - 48 months $353,500 - $553,000 $25,000 - $100,000 $77,000 - $107,500 Notes: + Positive 0 Neutral - Negative " Includes costs for poientiai new park amenities but would be approved through CIP process AGENDA ?TEM #_V-A_____PAGE Cost Estimates for Thunderbird Lake Management Options Attachment C ITEM DESCRIPTION COST ESTIMATES Low Hi h No Action Costs associated with initial set-u Ica ital investment Communit education & outreach first ear -includes si n boards 58,500 510,000 Lowerin of the outlet $10,000 $12,000 Subtotal 518,500 522,000 Le aUAttorne fees N/A $0 50 Subtotal SO $0 Annual or on oin costs Maintenance of the file drain Note- other maintenance is alread accounted for) $2,000 $4,500 Subtotal $2,000 $4,500 Total Initial Costs for No Action o tion $20,500 $26,500 Adaptive Management Costs associated with initial set-u Ica Ital investment Boardwalk Re-assessment of other amenities $65,000 575,000 Re-desi nin the configuration of the lake ~ ~ Aeration unit or fountain one time but annual maintenance costs not included) 513.000 S18,000 Lowerin of the outlet $10.000 $12,000 Communit education 8 outreach first ear -includes si n boards 58,500 $10,000 Subtotal SS6,500 5115,000 Le aUAttorne fees N/A 50 50 ~ Subtotal SO SO Annual or on oin costs Contract to add microbes $4,000 55,000 Solar Bee ®solar anel re lacements $1,000 $1,500 Water uali sam lin sta $720 52,160 Duckweed removal 51.000 55,000 Tree thinnin staff 5500 51,000 Re-a lication for sim le wetland rmit for view corridors eve 3 ears 51.500 53,000 Maintenance of the file drain 52,000 54,500 Staff Oversi htlMaintenance O/M Estimate 518.000 $20.000 Subtotal 528.720 542,160 Total Initial Costs for Ada five Maria ement o tion if all actions taken x125,220 $157,160 AGENDA ITEM# V-A PAGE / Cost Estimates for Thunderbird Lake Management Options Attachment C ITEM DESCRIPTION COST ESTIMATES Low Hi h Potable Water -one time per year (Note the Adaptive Managemetrt items are not included) Costs associated with initial set-u /ca ital investment H Brant $0 $0 Lowerin of the outlet $10,000 $12,000 Communi education 8 outreach first ear - includes s n boards $8.500 $10,000 Wetland miff ation for addition of water to 2 acres in surface area $20,000 $50,000 Subtotal $38,500 $72,000 Le al/Attorne fees N/A $0 $0 Subtotal $0 $0 Annual or on oin costs Standard wetland permit (or addition of water (3 years) $5,000 $8,000 MINDIldischar a ermit re uired monitorin not included) $630 $630 Potable wafer 2008 otable water rate -ran es from 2 to 2.4 acres in surface area - ma be less in future ears $6,080 $15,314 De-chlonnation $2,000 $4,000 Water uali sam lin sta $720 $2,160 Maintenance of the file drain $2,000 $4,500 Staff O/M Estimate $20,000 $25,000 Subtotal $36,430 $59,604 Total Initial Costs for Potable Water option -one time per year $74,930 5131,604 Potable Water -multiple times per year (Note the Adaptive Management items are not included) Costs associated with initial set-u /ca ital investment H Brant $0 $0 Lowerin of the outlet $10,000 $12,000 Communit education ~ outreach first ear -includes si ~ boards $8,500 $10,000 Wetland miff ation for addition of water to 2 acres in surface area $20,000 $50,000 Retro-fit irri ation $5,000 $10,000 Subtotal $43,500 $82,000 Le al/Attorne fees WA $0 $0 Subtotal SO SO Annual or on oin costs Standard wetland permit for addition of water (3 years) $5.000 $8,000 MINDI/dischar a ermit re uired monitorin not included $630 $630 Potable water 2008 potable water rate -ran es from 2 to 2.4 acres in surface area - ma be less in future ears $2,520 $15,314 De-chlorination $4,000 $8,000 Water ualit sam lin (staff) $720 $2,160 Maintenance of the file drain $2,000 $4,500 Staff O/M Estimate $25,000 $30,000 Subtotal $39,870 $68,604 Total Initial Costs for Potable Water option -multiple times per year $83,370 $150,604 AGENDA fTEM # V-A PAGE Cost Estimates for Thunderbird Lake Management Options Attachment C ITEM DESCRIPTION COST ESTIMATES Low Hi h Groundwater Wel! at 8.5 or 3 gpm (Note the Adaptive Management items are not included) Costs associated with initial set-u fca ita! investment Lowerin of the outlet $10.000 $12,000 Communit education & outreach first ear- includes si n boards $8,500 $10,000 Wetland mitigation for addition of water to 2 acres in surface area $20,000 $50,OOU Groundwater moniforin wells '3 to 9 $10,000 $27.000 Hobo data Iv .n units for the monitorin wells 3-9 $2,000 $5,000 MOOFLOW anal siside letions stud $10,000 $15,000 Substitute water su I Ian/permit for tempura use re wires au mentation methods to be in lace such as stora a facllit $1,500 $3,000 A lication fees such as suppl ermits, court a ication, ublication fees, etc $1,500 $3,000 Au mentation lan/En ineerin $10,000 $35,000 Pum in station 10 acre feet $55,000 $65,000 Stora a facilif for au mentation water 10 acre feet - necessa rior to tem ora um in $50,000 $120.000 Subtotal $178,500 $345,000 Le al/Attorne fees As art of the water ri hts process $25,000 S100,000 Subtotal 525,000 5100,000 Annual or on oin costs Standard wetland perrnit for addition of water (3 years) 55.000 S8,000 Water or water ri hts for au mentation $40.000 $80,000 Maintenance of the the drain $2,000 $4,500 Stafif O/M Estimate $30,000 $50,000 Subtotal $77,000 $142,500 Total Initial Costs for Groundwater Well o tion $280,500 $587,500 c AGENDA ITEM # V-A PAGE Cost Estimates for Thunderbird lake Management Options Attachment C ITEM DESCRIPTION COST ESTIMATES Low Hi h Retrofitted/Lowered Tile Drain (Note the Adaptive Management items are not included) Costs associated with initial set-up/capital investment Lowerin of the outlet $10,000 $12,000 Communit education & outreach (first ear -includes si n boards $8,500 $10,000 Wetland miti anon for addition of water to 2 acres in surface area $20,000 $50,000 Groundwater monitorin wells (3 to 9) $10,000 $27,000 Hobo data to in units for the monitorin wells 3-9 $2,000 $5,000 MODFLOW anal sis/depletions stud $10.000 $15,000 Substitute water su I lan/ ermit for tem ora use (requires au mentation methods to be in place such as stora a facilit $1.500 $3,000 A lication fees such as su I ermits, court a lication, ublication fees, etc $1,500 $3,000 Au mentation plan/En ineerin $10,000 $35,000 Tile drain construction $165,000 $200,000 Stora e facilit for au mentation water 1U acre feet - necessa rior to tem ora um in $50,000 5120,000 Subtotal $288,500 $480,000 Le al/Attorne fees As art of the water ri hts rocess $25,000 $100,000 Subtotal $25,000 $100,000 Annual or on- oin costs Standard wetland permit for addition of water (3 years) $5,000 $8,000 Water or water ri hts for au mentation $40,000 $80,000 Maintenance of the tiie drain $2,000 $4,500 Staff O/M Estimate $30,000 $50.000 Subtotal $77,000 $142,500 Total Initial Costs for Retrofitted/Lowered Tile Drain o lion $390,500 $722,500 j L~ AGENDA I rEN # V•A PAGE Cost Estimates for Thunderbird lake Management Options Attachment C ITEM DESCRIPTION COST ESTIMATES Low Hi h Stormwater -assumes that water rights are pursued (Note the Adaptive Management items are not included) Costs associated with initial set-u /ca itat investment Lowerin of the outlet $ 10,000 $12,000 Community education & outreactl first ear -includes si n boards $8,500 $10,000 Treatment wetland/mitigation for addition of water to 2 acres in surface area $150,000 $160,000 Groundwater monitorin wells 3 $1C,000 $12,000 Hobo data Io in units for the monitorin wells 3) $2,000 $3,000 Anal sis $20.000 $50,000 Substitute water su I Ian! ermit for tem ora use re uires au mentation methods to be in place such as stora a facilit $1,500 $3.000 A lication fees such as su pl ermits, court a lication, ublication fees, etc $1,500 $3.000 Augmentation lan/En ineerin $10.000 $35,000 Stormwater s stem $45,000 $65,000 Subtotal $258,500 $353,000 Le allAttorne fees As art of the water ri hts process $25,000 $100,000 Subtotal $25,000 $100,000 Annual or on- oin costs Standard wetland permit for addition of water 3 years $5,000 $8,000 Water or water ri hts for au mentation $40,000 $80,000 Maintenance of the file drain $2,000 $4,500 Staff O/M Estimate $30,000 S50,000 Subtotal 577,000 5142,500 Total Initial Costs for Stormwater option $360,500 $595,500 AGENDA ITEM ~ V-A PAGE Cost Estimates for Thunderbird Lake Management Options Attachment C ITEM QESCRIPTlON COST ESTIMATES Low Hi h Diversion from Bear Canyon Creek (Note the Adaptive Management items are not included) COSts associated with initial set-u Ica ital investment Lowerin of the outlet $10,000 $12,000 Communit education & outreach (first ear -includes si n boards $8,500 $10,000 Wetland mitt ation for addition of water to 2 acres in surface area) $20,000 $50,000 Groundwater monitorin tia~elts 3) $10,000 $12,000 Hobo data log in units for the monitorin wells 3 $2,00(1 $3,000 Historical use/cnan e of use anal sis $20.000 $50,000 Substitute water su 1 Ian/permit for tem ora use re wires au mentation methods to be in lace such as stora a facilit $1,500 $3,000 A Iication fees (such as suppl ermits, court a lication, ubfication fees, etc) $1,500 $3.000 Diversion infrastructure and Easements $280,000 $410.000 Subtotal $353,500 $553,000 Le allAttorne fees As art of the water ri hts rocess $25,000 $100,000 Subtotal $25,000 3100,000 Annuat or on oin costs Standard wetland permit for addition of water (3 ears) $5,000 $8,000 Water or water ri hts $40,000 $45,000 Maintenance of the file drain $2.000 $4,500 Staff O/M Estimate $30,000 $50,000 Subtotal 577,000 $107,500 Total Initial Costs for Diversion from Bear Can on Creek o lion $455,500 $760,500 Notes: Construction costs do not include city costs to hire and manage contractor. Costs are for the P&R Department only and do not include staff time or other cods to other departments. Cost estimates are based upon costs for similar projects but are preliminary at this time for this project. ~j - ~ AGENDA ITEM # V-A PAGE Attachment D 1' ~ . ~3iohabitats . r,,,.v ....,....,,.E MEMORANDUM To: Joy Master, City of Boulder From: Claudia Browne, Mike Lighthiser, Biohabitats Inc. Date: September 17, 2008 Re: Thunderbird Lake - Re-evaluation of management concepts The purpose of this memorandum is to summarize our re-evaluation of potential long-term management options for Thunderbird Lake. When we completed our initial reportt in February 2008, critical data such as inflow measurements for the lake, surface water elevations, and groundwater elevations were not available. Data collected in recent months by Biohabitats and Crty staff have helped shed additional light on site conditions, enabling this re-evaluation. In addition, the initial report evaluated water management options mostly in terms of water volume, water quality, habitat, and cost, without as much focus on water rights issues. However, recent clarification of water rights impacts led to the consideration of another option using Anderson Ditch water from Bear Canyon Creek which was not included in the earlier report. Therefore, this memorandum evaluates the Bear Canyon Creek option along with the others and includes additional water rights information from City staff. ' The re-evaluation did not cover the numerous variations for each option, such as changing precipitation inputs, combining options, or creating multiple scenarios for water inflows such as reduced pumping periods. 1. WATER BUDGET REVISIONS , For our initial report, Biohabitats developed a preliminary water budget using average precipitation to help assess potential management options. For this re-evaluation, we completed two exercises to revise the water budget in order to better track monthly changes in lake size (volume) and lake levels (surface water elevation). The first exercise was to check our initial assumptions by "calibrating" the water budget against historical conditions. We ran the water budget using actual precipitation data from January 1993 through May 2008 to check how the modeled lake elevations compared to measured lake elevations during that period.2 We used the same hydrologic inputs and outputs as described in the February report, except that we used actual historical precipitation measurements from a local weather monitoring station (www.edc.noaa.gov/Boulders instead of monthly averages. This exercise showed us that the water budget was reasonable, especially for estimates of evaporation and evapotranspiration. However, refinements needed to be made to account for variable inflows from the the drain. Since this inflow is a combination of surface water 1 Biohabitats, Inc. February 2008. Potential Futtue Management Options for Thunderbird Lake, City of Boulder, CO. Available at httr://~ ww.bouldercolorado.~ov/index.Php°option=corn content&task=viewc~id=8221 &Itemid=3171 2 The historic lake elevations are based on aerial photographs from 1993, 2000, 2002, 2003, and 2006. New information from the City allowed the surface area to be correlated to elevations and lake volumes. r, ~GENDA ITEM # ~ ,PAGE infiltration and groundwater, it is difficult to predict over a scvcral-year period given uncertainties such as longer-term groundwater levels and impacts of drought conditions. Therefore, this part of the water budget was the most inaccurate. Fortunately, with the inflow and water level measurements taken by City staff since February of this year, we were able to develop a rough relationship to better estimate the inflow based on precipitation and adjust the water budget accordingly. For the second exercise, the "calibrated water budget" above was used to predict future conditions for the revised water management options. We also added the capability for the water budget to estimate total phosphorous (TP) concentration in the lake as an indicator of excess nutrients.3 As part of this exercise, we also replaced the NOAA precipitation data with a new data source for average monthly precipitation for Boulder -from the Western Regional Climate Center (WRCC), which includes the years1971 to 20004. Average annual precipitation from WRCC is 19.94 inches. From 1993 to 2007 (15-year period used in the water budget), NOAA's data show nine years with precipitation equal to or greater than the average, with six of those years occurring before 2000. 2. REVIEW CRITERIA The City of Boulder has chosen seven management options to consider in this study. All of the options, except no action and adaptive management, involve adding more water to keep a higher lake level with a key objective being to provide enough flow-through to keep nutrient levels (TP) low enough to avoid hypereutrophieation (i.e., associated with algal blooms). The supplemental water options include refilling the lake with potable water, using groundwater from a well, retrofitting the the drain, adding stormwater, and diverting Anderson Ditch water from Bear Canyon Creek. The main criteria for evaluating each option were water volume and monthly outflow, estimated phosphorous concentration, water rights, wildlife habitat, and costs. The physical and chemical factors heavily influence the character of the lake. Nearby residents have expressed a desire for a lake with a surface area similar to its pre-2000 size (about 2.4 acres), with less aquatic vegetation, in particular algae and duckweed, than currently is present, and that supports fish. Residents have also mentioned the value of wildlife habitat, notably birds, and wildlife habitat is important within the City of Boulder. Water Volume Each option was evaluated for an average precipitation year to determine if there would be sufficient water to keep the lake filled to the existing outlet at 5316.8 ft and the number of months when there would be no outflow. The starting point for the calculations for each option assumed that the lake was full. The evaluation assumes that the more water and outflow the 3 This was done using the equation derived by Vollenweider (1968 and 1974) as described in Biohabitats' February 2008 report. 4 In our initial water budget calculations (2/08) we used average NOAA data from 1897-1994; however, for this re- evaluation we used WRCC data (http://www.wrcc.dri.edu/cgi-bin/c1iMAIN.p1?co0848) to be responsive to comments provided by residents. Note, monthly averages calculated by WRCC do not include years after 2000. n la 40E1~®R. l~'cfl~ # PAGE ~ 1 better to improve water quality and help control aquatic vegetation. In addition to the overall volume of water, another consideration is management flexibility, specifically the ability to control the inflows if more or less water is needed at any time. As part of this re-evaluation, Biohabitats also looked into the implications of lowering the lake level for each option. A slightly lower level could allow outflow while providing nearly the historic lake size (approximately 2 acres compared to 2.4 acres at its maximum size) and preserving a highly functional wetland fringe along portions of the shoreline. This could be achieved by the modification of the existing outlet to incorporate control at a lower elevation (of about 5,315 ft). The City is currently pursuing the lowering of the outlet to allow far more flexibility. Water Quality Water quality is the mast important consideration for this re-evaluation of management options. A full lake does not guarantee a clear lake. If there is not enough water flowing through and out of the lake, nutrients and other pollutants will accumulate and cause hypereutrophication. Brief discussions of a few key parameters are provided below, and further discussion (of these and other parameters such as nitrogen and chlorophyll a) are presented in our February 2008 report. Phosphorous. TP measurements in the take over the past year have ranged from 0.121 to 0.282 mg/l, and these elevated levels are indicative of hypereutrophic conditions. A certain amount of outflow is needed to keep total phosphorous {TP) concentrations in the lake at a low enough level to minimize algae blooms. In our initial report, we identified an acceptable concentration of 0.045 mg/1 based on a total maximum daily load (TMDL) calculated for lakes in Kansas. After further evaluation, we found other studies in KS, NE, and CO with target lake conditions ranging from 0.027 to O.lU mg/l. Based on these results, we continued to use the target concentration of 0.045 mg/1. Bacteria. The bacteria counts from Thunderbird Lake collected in October 2007 and April 2008 indicate that small amounts of E. coli bacteria are entering the lake. The source is uncertain, but could be directly from waterfowl, pet waste, other wildlife, or inflow water. The values of 7.4/1 OOmI and 3.1/100m1, for October and April, respectively, are well below the threshold of 126/100mi for contact recreation and do not appear to indicate a health threat. Dissolved oxygen (DO) is another important parameter to assess the ability of the lake to sustain fish and other aquatic organisms. While the water budget focuses on total phosphorus, our re-evaluation qualitatively considers dissolved oxygen where relevant. Water Rights The City of Boulder is located within the South Platte River basin which is over appropriated, in other words, there are times when there is insufficient water to supply the existing water rights. Colorado uses a priority system to distribute the available water supply based on seniority. Groundwater is included in the priority system, because it is interconnected t.o surface water (and therefore, a decline in groundwater can cause a decline in creek base flows). Out-of-priority uses can occur if augmentation water is made available to ensure priority water rights are not AGENDA ~TEI~ PACE impacted in accordance with acourt-approved augmentation plan. Regardless of when the out- of-priority water is used, an augmentation plan covers year-round replacement of water in the system (to mimic delayed return flows from irrigation) which is calculated based on an historical use analysis. Depending on the management alternative that is selected, a new court-approved water right and/or an augmentation plan may be required for the supplemental water. Although the existing the drain has a water right for 1.2 cubic feet per second (cfs) to fill Thunderbird Lake, the ability to change its use is limited because it is a nontributary water right that is not administered within the priority system. As a result, City staff have indicated that any change in the location of the groundwater that is collected will represent a change in the water right. Therefore, relocation of the file drain (even in the same location at a different depth}, a groundwater well, stormwater interception, and diversion of surface water from Bear Canyon Creek would all require court approval of a change in the water right and an augmentation plan. The legal costs of overseeing the application process are reportedly ~25,U00-100,000, and the timeframe can take approximately 1.5-3 years to complete. In the interim, the State Engineer's office can approve a substitute water supply plan to operate out of priority, at one year intervals, while the application is pending in water court. Cost Another evaluation criterion is cost. For the purposes of this re-evaluation, we included rough estimates for design and engineering only and did not consider tong-term maintenance or the cost of water rights administration. Wildlife and Other Issues The re-evaluation also takes into consideration the extent to which wetland fringe vegetation would be impacted by the management options. The Lower water levels in the lake in recent years have created optimum conditions for the establishment of ecologically valuable wetland habitat composed of a mosaic of trees, shrubs, and emergent aquatic vegetation adjacent to open water. Higher water levels would replace this vegetation with more open water. However, maintaining well established wetland and fringe vegetation around the lake would provide numerous water quality and habitat benefits for the lake and surrounding area. Theref'ore,.all of the options to add water to the lake will likely require wetland permitting and possibly mitigation. The existing shrub wetland vegetation around the fringe of the lake acts as a buffer by filtering nutrients and pollutants (e.g. fertilizers, pet waste and waterfowl waste) from rainwater and snow melt before they enter the Iake. Higher edge vegetation such as trees and shrubs will provide shading benefits for added aquatic habitat and potentially cool water temperatures. Cooler water will contain more dissolved oxygen compared to warmer water, which in turn, will help support aquatic species such as fish. Birds and small mammals utilize the vegetation as a refuge and for a safe foraging area. Most of the aquatic species will also benefit from the emergent wetland vegetation for some part of their life cycle. As the woody vegetation grows, branches and large limbs fall into the water providing important habitat for aquatic species. Edge and aquatic vegetation is particularly important habitat for aquatic insects and mollusks, which are important food sources for young fish. ~G~NBA 1T'EM # _ , PAGE l~~ A well-developed wetland and terrestria] buffer around the lake also helps deter nuisance waterfowl such as Canada geese. These birds prefer clear lines of site, easy shoreline access to the water and well maintained lawns for grazing. Clearing the wetland edge vegetation will provide more grazing habitat for these species, less filtration, and therefore will allow the nutrients and bacteria from their feces to flow more freely into the lake during rain events, causing higher bacteria counts and further eutrophication. Lastly, an underlying issue considered throughout this evaluation has been the timeframe of the solution, because residents have expressed an interest in a solution that can be implemented relatively quickly. 3. RE-EVALUATION OF MANAGEMENT OPTIONS The management options considered in this report are: • No action • Adaptive management, • Potable water fill • Groundwater well • Retrofitted/lowered drain file • Stormwater> and • Anderson Ditch water from Bear Canyon Creek A summary of each option is presented below and in Table 1. For most options, there is a "high out]et" and "low outlet" alternative, corresponding to a lake level at the existing high outlet elevation of 5,316.7 feet or a lower level at 5,315.0 feet.5 In all of the scenarios, except Adaptive Management, we assume the lake will be filled first (using potable or well water), and the existing fringe wetland habitat would be lost for the "high outlet" alternative and replaced by open water. As previously noted, all of the options were evaluated for average precipitation years. No Action The no action baseline scenario would allow the lake levels to rise and fall with groundwater and precipitation. With time, the lake would likely shrink further in size and become surrounded by emergent and shrub wetlands. Note that the no action alternative differs from status quo, because current conditions reflect several years of adaptive management by the city while evaluating long-teen solutions. Instead of trying to maintain an open body of water and control duckweed, staff would return to managing the natural area around the lake and the lake itself as historically managed by performing the following: weed control (part of staff work plans so no additional cost}; mosquito mitigation (part of existing contract); other health and safety management actions, and; routine maintenance. 5 The lower elevation of 5,315 ft was selected for this study because adding supplemental water to that height will create a lake surface area of 2 acres which is similar to historic size. If supplemental water is not added or a smaller lake size is planned, then the modified outlet elevation could be lower, i.e., down to the storm sewer outlet which is set at about 5312.8 ft. ~GFI~DA `s~'FBU{ ~ PAVE Water Availability. Based on the water budget and average precipitation, "no action" would initially result in no outflow of water and a water level of about 5,312 ft (about 1.43 acre surface area). A shallow lake receives increased sun penetration, which in turn would lead to cumulative effects of warming water and increased vegetation. Without active management to remove vegetation, further decline in lake levels (less than 5,312 ft) would be likely. Water Quality Under the no action alternative, nutrients would continue to accumulate and the system would remain hypereuUrophic. Excessive growth of algae and other aquatic plants would occur in the summer. Duckweed would cover most of the lake. Plant decomposition would cause oxygen to be depleted. The lake could become anoxic and produce odor at various times. Water Rights. No water rights administration is needed for this option. Design and Construction Costs. There is no design or construction cost for this option. Costs could include staff time to respond to questions and concerns of residents. Issues. This option would benefit birds and terrestrial wildlife by providing more wetland vegetation. However, the aesthetics would vary significantly from the open water lake desired by many local residents: open water may be difficult to see, if at all, from the shoreline. Adaptive management, with flow from the existing the drain only (no addition of water) Water Availability. Based on the inflow measurements from February to May, 2008, the lake will likely stay near the level it was in June 2008 before the addition of potable water. Minor fluctuations within a year will occur with the level rising slightly during winter months and lowering slightly during summer months. Both the water budget and general observations suggest that the lake has a lower limit of approximately 5312.2 feet which we suspect is associated with groundwater. Water Oualitx In this option, wetland vegetation will likely continue to replace the open water, which will in turn result in warmer temperatures, lower DO, and less stratification. Water Rights. No water rights administration is needed for this option. Desi n~Constnrction Costs. There is no design or construction cost for this option. Costs include staff time and operation and maintenance associated with water treatments and vegetation management. Issues. This optivn would likely require the City to continue to actively manage the vegetation in response to precipitation uncertainties and residential concerns. Continued use of the circulation unit, lake treatments and maintenance such as physical removal of plant material would be necessary to keep the lake free of aquatic vegetation as desired by neighbors. If aesthetic concerns become less of an issue, the natural progression of a pond to a wetland could be allowed to continue under this option, and would offer ecological benefits such for increased wildlife habitat. ac~l=~l~a l~~'f~ , ~~CE Table 1 Summary of Management Options for Thunderbird Lake (Limitations highlighted in red) Design and Numb Constructi Time for Lake Number Phosphorous er of on Design and outlet of Average` month Cost' Constructi elevation Average Range months monthly snot (w/out on only (no (high = monthly of With Conc. in lake meeti water right water Possible Management existing outflow outflows no (target=0.045 ng TP and O&M rights Benefits or Limitations Next steps Options elev.) cfs efs outflow mg/I) Goal costs) _ time) 1. No Action Wetland will continue to evolve, lake will Community education and outreach. both high none nOt shrink. Benefits from diverse wetland habitat _ and low 0 0 12 0.1,'> or higher t 2 applicable and sustainability. 2. Adaptive If wafer doesn't increase natural{y, wetland Community education and outreach. management depends on not vegetation will increase. Vegetation both high actions applicable management needed to maintain open water _ and low 0 0 12 0.15 12 & views 3. One-trme First year costs include water and meter and Confirm future cost and availability of refill (per 0.0 _ tap installation. Yearly costs for refilling lake potable water in luture years. year) with high 0.003 0.011 7 O.U15 0 $8,500 to Less than 4 after the first year depends on volume potable $10,000 months needed. Water not available during drought water 0.0 - years. low 0.002 0.008 7 0.019 0 4a. Provides the most flexibility in managing Conduct historical hydrology analysis Well water, 0.015 - inflows. Ongoing well and pump and begin water rights process. 8.5 gpm high 0.021 0.028 0 0.025 0 $55,000 to management required. Ability and cost to Develop a pumping plan to cover Clow $65,000 obtain acourt-approved water rights change rates, monitoring, and action triggers. 0.013 - 4 to 6 and an augmentation plan is uncertain, and low 0.020 0.027 0 0.029 0 months the process could take Significant time. 4b. We11 water, 0.003 - 3.0 gpm high 0.009 0.018 0 0.019 0 $55,000 to 0 001 - $65,000 _ low 0.008 0.015 0 0.023 0 5. Lower Feasibddy and costs are uncertain and would Conduct historical hydrology analysis drain file This option assumes that the drain tie can be lowered to an require bidders to evaluate subsurface and begin evater rights process. Greater using high elevaton relative to the water table similar to in the past; Since greater than access issues. The ability and cost to obtain Determine feasibility of drilling with than 6 horizontal the source is basically the same, flow from this lower file $165,000 acourt-approved water rights change fora contractor or drop option. directional would result in lake conditions similar to those before 2000. months modified drain line is uncertain, and the drilling low process could take siyndicant time. 6• Dependent on precipitation, so water will Explore potential to redirect sump pump Stormwater 0.003 - S195,000 to likely not be available during drier years. water from storm drains back into tie input high 0.009 0.022 0 0.050 9 S225,000 Greater Water rights issues depend on storage. drain. Clarify and begin evater rights (~v/treatmen than 6 process. Begin design of treatment 0.001 - t wetland) months wetland to confirm costs or drop option. low 0.007 0.419 0 0.061 72 7.Diversion pump Greater Both alternatives -pump and gravity feed - Refine design and select gravity or from Bear $280,000 require ongoing operation and maintenance. pump. Begin water rights process. Canyon 0.002 - gravity than 6 Court approved augmentation plan could Creek high 0.065 0.138 0 0.014 0 5410,000 months take significant lime. For low outlet options, an additional $10,000-$12,000 would need to be added to each option. Added water options are based on starting with a full lake level, but cost of additon of water to reach that level is not included. Potable water fill Water Availability. If the lake is filled with potable water to the level of the existing outlet, the precipitation and inflow from the file drain may be sufficient to keep it at or near that elevation during an average year of precipitation. However, there would be no outflow during June through December. During an average year, the maximum drop in the water level would be around 3 inches. During years drier than average, the lake would not be expected to stay at or near the outlet elevation, but would cumulatively lose water each month and require additional input again to refill it to the level of the outlet. Water Quality Under this option, estimated total phosphorous (TP) in the lake is generally good ranging from 0.015 to 0.019 mg/I which are on the low end of all options.6 Note, however, these estimates do not include nutrient loading from other environmental inputs which could accumulate during the 7-month period of no outflow under this scenario. Water Rights. According to City staff, "no water right application would be needed for this option because the potable water will come from City water rights that are already legally available for this use." Water Costs. First year costs range from $6,200-14,000 (depending on the volume of water) including the bulk water rate, and meter and tap installation. hn subsequent years, based on 8.2 acre feet and the previous rate of $108/acre foot, potable water may be the least expensive option for the City with an estimate of less than $887.00. To better assess the costs of this option in future years, however, additional details are needed. City of Boulder staff will cover this in more detail in information provided in the Parks and Recreation Advisory Board (PRAB) packet. Issues. The high number of months with no outflow means that aquatic vegetation will continue to need to be managed to address residents' aesthetic concerns. Additional fills could be used to assist with flushing, and multiple-time per year filling could potentially provide the desired lake size and water quality depending on the timing and water availability. Higher water levels during the growing season would be expected to reduce the need for vegetation management. In the larger context, however, use of treated drinking water for an amenity lake may not be in keeping with the City's desires for water conservation and sustainability. Groundwater well Water Availability. The pump test data from May 2008 estimated a pumping rate of 8.5 to 10 gallons per minute (gpm). However, as discussed below in the Water Quality subsection, it is uncertain if the pumping may have been affected by recharge of water from another source. Therefore, the water budget used conservative scenarios that would add well water at a rate of 3.0 to 8.5 gpm to produce a regular outflow during all months of an average precipitation year. The Lower flow rate was selected because it was the minimum water needed to sustain an outflow 6 For the high-outlet alternative, the average estimated T'Y concentrations (of 0.015 mg/l) is slightly tower than the low outlet alternative. The nominal difference is because a higher lake level captures rriore direct precipitation and has less F,T (from wetland vegetation) during April and May. ~GE€~DA !i Ei~ # , SAGE in average precipitation years. In Table 1, the two scenarios are referred to as Option 2a (8.5 gpm) and Option 2b (3gpm). Both of the options show outflow occurring for 12 months during average precipitation years, although outflow is minimal during summer months (i.e., and therefore may not occur in low precipitation years); although, adjusting pumping rates provides flexibility that could be increased slightly during those periods. Water Oualit~ The well option results in estimated TP levels ranging from 0.019 to 0.029 mg/1, depending on the outlet height and flow rates. TP concentrations for the 8.5 gpm alternative are on the higher end of this range because of the higher P contribution from groundwater. An initial water quality sample from Well 6 indicated potential concerns about the groundwater quality. The TP concentration of 0.21 mg/1 and E. colt at 18.7 per 100 milliliters seemed high for groundwater and potentially indicative of contamination.? Additional samples were collected to confirm the concentration in We11 6 and evaluate P levels elsewhere in the aquifer. TP levels were much lower in all of the wells - We[12 (0.007 mg/I), We114(0.052 mg/1), WeI16 (0.009 mg/1), and Well 9 (0.004 mg/1). Therefore, we used the highest value from the resampling (0.52 mg/1) for the re-evaluation of the options. We suspect that the one-time occurrence of maximum level of 0.21 mg/l in Well 6 was due to the effects of the pump test that was conducted the previous week. Water Rights. A well will not he within the definition of the existing decree and will therefore require a well permit and an augmentation plan. Specific water rights considerations will depend on the source of the augmentation water. This aspect is more thoroughly evaluated by the City of Boulder staff and other consultants in information that will also be provided in the PRAB packet. llesign and Construction Costs. This option has a cost of $55,000-$65,000, not including water rights and Operation and Maintenance (O&M) costs. Costs include the pump, electric connection; and piping within the existing file drain. The option assumes that the groundwater well will discharge directly into the existing file drain. Issues. This option appears to provide the most benefits in terms of outflow rates, management flexibility, water quality, and moderate cost. Based on recent clarification of water rights, however, it now appears that augmentation and potentially purchase of water rights will be needed. The first step in that process is preparation of a historical hydrologic analysis which may require additional monitoring well installations. These efforts would negatively impact the timing and costs for this option. If this option is pursued, a pumping plan should also be developed to address the effects of pumping on water quality, to establish a monitoring schedule, and to identify targets for action that take into account lake levels, water quality, and aquifer response. For example, it may be 7 Although the E. coii value is much lower than the contact recreation limit, it indicates that fecal bacteria are somehow entering the groundwater. Fecal bacteria can enter the groundwater from any number of sources that percolate through the subsurface to the water table. This is an important finduig, bc;c;ause it means the pump test results could have been high because of recharge from anon-natural water supply. Therefore, additional water quality monitoring will be needed if the well option is selected. ~~1=~~A iT~~I ~1 I useful to start the well at 8.5 gpm to get some flushing effect through the lake, then to use a lower pumping rate to reduce stress on the aquifer. Retrofitted lowered drain the using directional drilling Water Availability. Information from the monitoring wells was used to better understand soil conditions and depth to groundwater in the vicinity of the the drain. The observations indicate that there is sufficient saturated thickness and homogeneous subsurface conditions, such that a lower drain depth could function similar to the current line. If the lowered water table is the primary reason for the lowered lake level, we could assume a lower drain file (i.e., at approximately 2 feet deeper) would result in the flows necessary to support a full lake based on the lake's history (before 2000). This option is complex, however, due in part to the uncertainties in long-term Local groundwater Ievels, the Localized impacts of sump pumps, and the resulting response of the drain tile. If the water table continues to decline, it is unknown how much lower the the would need to go to more fully tap into the groundwater. Water Ouaiity, The resulting water quality from a lowered drain ti[e should be comparable to the lake's past condition {before 2000), which according to accounts by others, was able to support fish. Due to the high level of uncertainty with this option, we are not able to use the water budget to estimate TP Ievels. Water Rights. According to City staff, "state law will allow the existing the drain to be repaired or realigned within 20U ft of its current location without water court approval. However, realignment at the lowered depth may result in diversion of water from a different source or in amounts greater than available from the original depth and, if so, water court approval of a change of water right for the existing the drain water right would be required. Filing an application with the water court for a change of this water right will likely put the current decree's nontributary finding concerning the water right at issue, with the risk that the noniributary finding will be modified by the court." Given that the source of water for the the drain water right will likely be considered tributary groundwater, the water right will thereafter be administered within the priority system. Design and Construction Costs. This option is likely to cost more than $165,000. The feasibility and expense associated with long boreholes in urban settings can be complicated by the number of subsurface obstructions. Directional drilling offers a method that can lay a line through these obstructions; however, the cost of directional (i.e., horizontal) drilling is highly site specific and depends on subsurface material, slope, and accuracy of information on other lines. Issues. There is significant uncertainty about the feasibility of this option since it is very site- specific and depends on a number of factors such as the local soil and geology, utilities, access, water rights constraints, and impacts from off-site dewatering. If the City is interested in pursuing ihis option, we recommend that a feasibility assessment be done by a directional drilling contractor. Modified stornnwater input with flow from the existing the drain Note, this option has been modified since the February report to divert water from existing lines and catch basins rather than installation of new pipes. Water Availability. The addition of stormwater to the lake through the cormection of curb gutters on Caddo Parkway to the existing file drain seems feasible based on a field visit, discussion with the City's stormwater master planning consultant (HDR), and their review of the City's stormwater information (Rich Thornton, personal communication, June 2008). The resulting increase in flow appears to be less than that from a well, but enough to keep the lake full with a slight outflow during an average precipitation year. Since any pvllutants on the ground can end up in stormwater, water quality is a critical consideration (see the Water Quality section, below.) Water Ouality, For the "high outlet" alternative, we estimate that TP concentrations will not meet the goal of 0.045 mg/l nine months of the year, and for the "low outlet" alternative, TP concentrations will never meet the TP goal. We expect that other pvllutants may also be a concern due to the nature of urban stormwater runoff and would require the appropriate best management practices (BMP) such as a treatment wetland. Water Rights. According to City staff "storm water can be stored in Thunderbird Lake during free river periods, i.e., when there are no downstream "calls" for water by decreed water rights. At other times, nv decreed water right is required tv run storm water through Thunderbird Lake provided no storage occurs. If storage occurs during periods of "call," a decreed water right and an augmentation plan would be required unless any storm water stored out of priority is released from, or pumped out of, the lake within a short time after the storage occurs, generally within 24- 72 hours of the storage. These requirements would apply whether the storm water is directed into the file drain before being delivered into the Iakc, or delivered directly into the lake." Design and Construction Costs. Increasing runoff into the lake by modifying the stormwater system is estimated to cost from $45,000 to $65,000, about the same as Option 2 for well water. However, to reduce the high TP levels and other contaminants typical in stormwater runoff, the cost of an appropriate Best Management Practice (BMP) should be considered. A treatment wetland would add approximately another $150,000, resulting in a total cost of $195,OOU to $215,000. Issue. While this option appears viable and able tv meet the evaluation criteria, it would continue to make take levels dependent on precipitation and does not offer flexibility for controlling water inputs. Furthermore, water budget values may change depending on the size of the treatment wetland. A variation of this option might be to explore the potential to redirect sump pump water from storm drains back into file drain. Diversion of Anderson Ditch water from Bear Canyon Creek This option would entail the purchase ar Lease of Anderson Ditch water, which would be piped to the lake from Bear Canyon Creek (see September 2008 memorandum by HDR for more detail). It would require installing a diversion structure on Bear Canyon Creek, just west of the Colorado University property (CL President's residence) and pipelines to bring the water to the lake. Basically, the concept includes three separate pipeline segments 1}beneath the CU property, 2) beneath Caddo Dr tv MH211, and 3) through the existing drain file from MH211 to the lake. On the CtJ property, a ditch or shallow pipeline could carry the water east tv Caddo Parkway. At , Caddo, a new pipeline would have to be constructed to carry the water. At MH21 1 (east of the intersection of Caddo and Inca Parkway), the water would enter the existing clay the drain via an inserted liner pipe that would extend all the way to the lake. Water Availability. Based on information from City staff, we assumed that 56 gpm of diversion water would be available from mid-April to mid-October. To be consistent with the analyses of other alternatives, the water budget for this option assumed the lake would start from a full level. This option results in a fu[I lake during an entire average precipitation year. Since the diversion water is available during the dry summer months, it prevents the lake from dropping during any month. During an average precipitation year, most of the diverted water ends up flowing out of the lake. Water Quality. Water quality data collected by the City on July 30, 2008 showed relatively low TP levels (0.03 mg/l). Based on this reading, we estimate that TP levels will range from 0.014 mg/1 for the high-outlet alternative to 0.016 mg/1 for the low-outlet alternative. These concentrations are the lowest for all options; however, this evaluation does not take into account variation in surface water quality. Additional information (e.g., through more sampling or modelling) would be needed to refine this estimate. Water Rights. The City has available one-half share of Anderson Ditch water (56 gpm) for augmentation. Use of this water right would require acourt-approved change in the existing the drain water right and an augmentation plan. It is a very reliable source with an 1860 priority date. One important consideration for this water right is that a portion of the water right would need to be left in the system to account for return flow. This option is further complicated by the requirement that during the non-irrigation season return flows would need to be provided by an additional water source to cover the delay effect (of lost recharge}. The volume of this amount of water would need to be determined based on a historical water analysis which has not yet been conducted. Design and Construction Costs. The engineering costs of the option will be the most expensive, costing approximately $280,000 if pumped and $410,000 if gravity fed. This cost also includes the approximate land acquuisition cost for the easement over the CU property and the estimated cost to line the existing the drain to carry the diverted water all the way to the lake. Issues. As described in the recent memorandum by HDR, there are several issues and uncertainties for this option. Both a pumped and gravity-fed system will require on-going operation and maintenance (O&M), with the pumped alternative likely having higher O&M costs relative to the gravity-fed alternative. The location of private utilities is not known at this time. Lining the existing clay the may be difficult; and as such, a 3-inch pressure line would be more feasible than the 6-inch pipe required for the gravity-fed alternative. An easement agreement has yet to be discussed with CU. 4. CONCLUSIONS The seven main options were evaluated for an average precipitation year to assess impacts on potential water volume, water quality, water rights, cost, and other considerations such as habitat. ~G1=N®A, ITEM # , P~~E l~ A summary of the findings of this analysis follows. • No action would not improve lake levels, water quality, or aesthetics for residents who desire an open lake. Since a primary purpose of this re-evaluation was to identify along-term solution to address these concerns, this option does not meet the expressed goals of the community at this time. There are no water rights implications. • Adaptive management has been occurring for the past several years and has not been considered along-term solution to date. A management plan could help improve planning; however, significant staff time would Likely be needed to continue to implement this approach. There are no water rights implications. • Potable water fill is the least expensive source of supplemental water, and it allows for flexible management of the water supply, i.e., it offers the ability to control inflows if more or less water is needed in a given year. The one-time per year option does not achieve the filled lake level or outflow for 7 months of the year, and ongoing O&M will be needed to address aquatic vegetation from growth which will occw• in the absence of outflow. Additional fills could be used to assist with flushing, and multiple-time per year filling could potentially provide the desired Iake size and water quality depending on the timing and water availability. There are no water rights implications. In the larger context, however, use of treated drinking water for an amenity Iake may not be in keeping with the City's desires for water conservation and sustainability. • Groundwater well water is able to provide outflow for 12 months of the year and maintain total phosphorous concentrations below the goal of 0.045 mg/l. The well also offers the ability to control inflows if more or less water is needed in a given year. The design and construction cost of the well option is also fairly low as compared to the other supplemental water sources. However, the ability and cost to obtain acourt-approved water rights change and an augmentation plan for a well is uncertain, and the process could take significant time. • Retrofitted/lowered the drain feasibility remains uncertain both from a technical and legal issue. The number of months with outflow is unknown. Although the estimated design and construction cost is less than the Anderson Ditch. and storrnwater options, engineering issues could arise that increase this estimate as the design becomes better defined. The ability and cost to obtain acourt- approved water rights change for a modified drain line is uncertain, and the process cvuId take significant time. • Stormwater can provide outflow for 12 months in an average year, but is very dependent on fluctuations in rainwater to supply the lake. This option would also require a treatment wetland to address water quality issues. It is the second most expensive option after the Anderson Ditch option. 'T'here are potential water rights implications if the storage of water occurs. • Anderson llitch water from Bear Canyon Creek is able to provide outflow for 12 months of the year and maintain total phosphorous concentrations below the goal of 0.045 mg/1. This is the most expensive option and it would require a change in water use and augmentation plan for which the ability and cost to obtain are highly variable. ',1r / it - The well and the Anderson Ditch options appear best suited to maintain a lake close to its historic size and water quality capable of supporting fish. Multiple fills with potable water could potentially also achieve the historic lake size and improved water quality depending on the availability and timing of the fills. From an engineering, cost, and water management standpoint, the well option provides the most water and the most flexibility. The only supplemental water source that would be easy to implement from a water rights perspective is potable water. O&M will be needed to manage engineering controls (such as pumps and outlet valves) for any of the options that would maintain Thunderbird Lake with an open-water footprint to maximize aquatic habitat. From a sustainability standpoint, the No Action and Adaptive Management alternatives would minimize capital and O&M costs and maximize wildlife habitat, although neither option would achieve the objectives of a clear lake at its historic size expressed by surrounding residents. If refilled to the current outlet level, the mosaic of high value fringe wetland would be lost. To offset the loss, we recommend that the City consider accepting a slightly smaller lake footprint and encouraging the formation of a wetland buffer that will help support a variety of both aquatic and terrestrial species, filter pollutants, and likely reduce maintenance in the long run. Lowering the outlet reduces the amount of water needed to fill the lake and enables the protection of fringe habitat, and differences in water quality are expected to be negligible. It should be noted that although we used average precipitation to facilitate this analysis, averages are only one tool for long-term planning and do not address the range of conditions that may occur. For example, 2008 has proved to be drier than average (about 77°Io), and the lake dropped over 9 inches from February to August. During a drought, it is unknown if any of the added water options which require augmentation would be available because water rights are based on a priority system. Therefore, the City should develop an adaptive management plan to guide monitoring and response actions during years of low precipitation. AGENDA ITEM # , ~A~f~~ Attachment E (Formerly) IIYDItOSPHEI2E Resource Consultants MEMORANDUM To: Joy Master, Parks & Recreation From: Lee Rozaklis, AMEC Earth & Environmental Subject: Stream Depletions from Proposed Thunderbird Lake Well and Augmentation Options Date: September 10, 2008 Introduction The purpose of this memorandum is to summarize our initial evaluation of the location, timing and amount of stream depletions that would be associated with a potential water supply well for Thunderbird Lake. For the purpose of this analysis, we assumed that the well would be located at or near the intersection of Caddo Drive and (nca Parkway. This memorandum also presents our initial thoughts on options for providing augmentation water that would be required under an augmentation plan far the well. Background We reviewed available groundwater data and hydrogeology for the area, including previously published documents and data covering all of Boulder County, and groundwater data in the immediate vicinity of Thunderbird Lake that was recently collected by city staff and consultants. In the vicinity of the proposed well, groundwater occurs in unconsolidated floodplain and terrace deposits consisting of stream-deposited boulders, gravel, sand, clay and silt. These deposits are approximately 20 to 35 feet thick and overlie the massive Pierre shale formation, which contains little or no water. The Denver Basin aquifers are not present in the area; their furthest northwest margin ends about 1.5 miles to the east of Thunderbird Lake, on the other side of South Boulder Creek. Water from the proposed well would come from relatively shallow unconsolidated flood- p(ain and terrace deposits, which are tributary to surtace streams. Well logs collected in the late 1950s from 12 domestic wells located within one mile of the proposed well location confirm that the local aquifer is 25-30 feet deep, composed of heterogeneous layers of sand, gravel, boulders, silt and clay. Groundwater tends to occur in layers of more permeable materials. Well yields ranged from 6 to 20 gpm with drawdowns of 12 to 20 feet, although one well reported a yield of 60 gpm with a drawdown of 5 feet. Given reported well yields and drawdowns, the aquifer's transmissivity is in the range of 1,000-2,000 gallons per day/foot. The water table depth ranged from 3 to 14 feet and averaged 7.4 feet; these depths are slightly shallower than recent observations, probably due to the cessation of extensive agricultural irrigation in the area as urbanization occurred. AMEC Earth & Environmental 1002 Walnut Street, Suite 200 Boulder, Colorado 80302 Tei: 303.443.7839 Fax: 303.442.0616 www.ameacom AGENDA ITEM .PAGE September 90, 2008 Page 2 The local unconsolidated aquifer extends north to Boulder Creek and east to South Boulder Creek. Water table elevation data and ground surface topography suggest that water from this local aquifer accrues regularly to Boulder Creek. The elevation of the closest portion of Boulder Creek (about 1.2 miles to the north of the proposed well) is approximately 70 feet lower than the ground surface at the proposed well. A focal water table map (attached) indicates that Boulder Creek receives wa#er from this aquifer as evidenced by the directions of flow and the upstream V-shape of the water table contours as they cross Boulder Creek. The interaction between the local aquifer and South Boulder Creek is less clear. The elevation of the closest portion of South Boulder Creek (about 1.3 miles to the southeast of the proposed well) is approximately the same as the ground surface at the proposed well location. The water table contour map shows that, while South Boulder Creek gains water from the aquifer at upstream locations (south and west of Highway 36), groundwater contributions north and east of Highway 36 (other than local irrigation return flows) may not be significant. In the reach north and east of Highway 36, groundwater flow contributions to South Boulder Creek may consist solely of local irrigation return flows and seepage intercepted by the Wellman Canal. Extensive portions of the lands on the west side of South Boulder Creek are irrigated by the Dry Creek No. 2 Ditch and Howard Ditch. It is possible that the combination of shallow water table conditions caused by irrigation along the west side of South Boulder Creek, combined with the elevation gradient between the Thunderbird well and Boulder Creek, would effectively isolate South Boulder Creek from depletive effects of pumping by the Thunderbird well. The Need for an Augmentation Plan and Determination of Depletions Because a Thunderbird well would pump water from a tributary aquifer, an augmentation plan would be required for the well. In order to get an augmentation plan, Boulder would have to prepare a depletion study that would quantify the timing, location and amounts of stream depletions from the Thunderbird well, including apportioning those depletions between Boulder Creek and South Boulder Creek (to the degree that any depletions affected South Boulder Creek). The question of whether the well would cause depletions to South Boulder Creek cannot be answered at this time without additional groundwater analysis. In the development of augmentation plans for alluvial wells, the simplified Glover method can often be used to quantify the timing, location and amounts of stream depletions. The Glover method requires that several simplifying assumptions are reasonably met, including a homogeneous and isotrophic aquifer, horizontal flow in the aquifer, and a single linear stream that fully penetrates the aquifer acting as a boundary condition. In the case of the Thunderbird well, none of these assumptions is reasonably met. Therefore, an analysis of the location and timing of stream depletions from the Thunderbird well would require a more extensive MODFLOW-type analysis, and possibly more field data collection to better characterize existing local groundwater conditions between the Thunderbird well and South Boulder Creek. (It may be desirable to install 5 to 6 additional monitoring wells at relatively equal distances between Thunderbird Lake and South Boulder Creek). This modeling effort would be particularly important given that it may be relatively more difficult to augment depletions to South AMEC Earth & Environmental , ~~i=~oa oT~r~ pti~~ September 10, 2008 Page 3 Boulder Creek as opposed to Boulder Creek. The cost of such a MODFLOW-type analysis would be in the range of $10,000 to $15,000, or more if additional field data collection is needed. Even without a detailed groundwater analysis, we are reasonably certain about some aspects of depletions from the Thunderbird well at this point. ? Water pumped from the Thunderbird well would be tributary water and would result in depletions to surface streams. Both a well permit and an augmentation plan would be required. The development of the engineering aspects of an augmentation plan could cost between $20,000 and $50,000 and could take from 1 to 3 years, partly as a function of the number of objectors that may get involved in the case and the issues they may raise. ? Given the distances from the Thunderbird well to Boulder Creek and South Boulder Creek and the transmissivity of the aquifer, the timing of stream depletions from the Thunderbird well would be relatively uniform, regardless of whether the well is pumping at a steady rate or according to a seasonally varying pattern. Thus, ayear-round source of augmentation water would be required. Providing augmentation water during the non-irrigation season (typically October through April} typically requires releasing augmentation water from a reservoir. ? Most (if not all) depletions would be to Boulder Creek rather than South Boulder Creek. The general location of depletions to Boulder Creek would be along the reach between the headgates of the Wellman Canal and the Butte Mill Ditch. Offsetting these depletions would require that augmentation water be provided at or above this stream reach. The best way to do that would be to acquire augmentation supplies that could be stored and released from an upstream reservoir, as discussed below. ? The general location of depletions (if any) to South Boulder Creek would be along the reach between the Howard Ditch headgate and the Wellman Canal outlet. Offsetting these depletions {if any) would require that augmentation water be provided at or above this stream reach. The best way to do that would be to acquire irrigation rights with upstream points of diversion and to develop a storage pond that could be used to regulate that water to provide non-irrigation season releases, as discussed below. ? In order to get an augmentation plan, the locations, amounts and timing of depletions would have to be definitively determined, and augmentation water would have to be provided to offset depletions in amount, location and timing. ? The amount of augmentation water required would be equal to the volume of water pumped from the well. Some augmentation credit may be available from water pumped from the well that flows through Thunderbird Lake and returns to the stream, provided that water reaches the stream upstream of the location of depletions. (It is our understanding that spills or releases from the Lake go back to Boulder Creek or South Boulder Creek via an existing storm sewer, although we have not researched this topic.) If it is determined that the Lake is unlined AMEC Earth & Environmental ';.(~~y~~, i~~M ~ ^j J~~ P~~~ September 10, 2008 Page 4 and exposes groundwater, augmentation requirements would likely be the full amount of evaporative loss from the Lake. The following items would have to be addressed in order to resolve remaining questions regarding depletions from the Thunderbird well: ? Determine if Thunderbird Lake is intercepting groundwater. This would be done by comparing the Lake surface and depth to local groundwater levels. Additional monitoring wells may be needed to make this determination because existing monitoring wells do not provide a sufficient picture of water table elevations to the east, south and north of the lake. ? Quantify locations, amounts and timing of depletions from Thunderbird Well via a MODFLOW-type analysis, as discussed above. If needed, collect additional monitoring well data to better characterize existing local groundwater conditions between the Thunderbird well and South Boulder Creek. Augmentation Options As previously discussed, Thunderbird well would cause depletions to Boulder Creek along the reach between the headgates of the Wellman Canal and the Butte Mill Ditch, and possibly to South Boulder Creek along the reach between the Howard Ditch headgate and the Wellman Canal outlet. General augmentation options were described in Veronica Sperling's summary document. Our additional thoughts regarding augmentation options are described according to each Creek segment. Boulder Creek The most feasible augmentation strategy would probably be to acquire augmentation water from the city's Utilities Division. Boulder owns significant amounts of Windy Gap water as welt as other water rights that are decreed for augmentation use. These water rights can be stored in the city's Barker Reservoir and could be released as needed to provide augmentation water. Because depletions from Thunderbird well would affect Boulder Creek between the Wellman Canal and the Butte Mill Ditch, reusable effluent from the city's wastewater discharge could not be relied upon as an adequate augmentation supply except during times when Boulder Creek was flowing at greater than 15 cfs through this reach. The use of the city's'/2 Anderson Ditch share was described in the summary provided by Veronica Sperling. We reiterate that some of the Anderson water would have to be stored in order to provide non-irrigation season augmentation water and to make up non- irrigation season return flows. While there are several potential storage options for the Anderson water, each option has uncertainties and unknown costs. The Anderson water may be storable in Barker Reservoir by exchange, but such storage for augmentation purposes would adversely affect the reliability of the city's municipal supply (you can't use the same storage space for two purposes). It may be possib{e to store the Anderson water in ponds on the University of Colorado's research park under an agreement with CU, but it is uncertain whether there is available capacity in those ponds AMEC Earth & Environmental ~ AA t-y~ 1~,r ,u.-r/*' p / O ~afji=~tliJlt 11 ~!VI ff._-~/--~_, ~l-i17~ September 10, 2008 Page 5 or whether CU would agree to such an arrangement and at what price. Anew pond could be built, provided that a suitable site is available (i.e. located upstream of the affected stream reach, easily supplied with Anderson water, easy to discharge to the stream above the affected reach). Other options would consist of acquiring and changing other suitable water rights from a willing seller. The availability and costs are unknown at this time. South Boulder Creek: One potential augmentation option would be to utilize excess water that may soon be available to the city as part of another agreement. If this agreement is made, there may be up to three shares of Dry Creek #2 rights available to the city. The Parks and Recreation Department has a need for one of the shares for the future development of the East Boulder Community Center (EBCC) site. The other two shares may be available within the next year. The adequacy of this supply would depend upon the . historical use of those shares, the city's already-contemplated uses of those shares and the amount (if any) of depletions to South Boulder Creek from the Thunderbird well. Again, storage of some of the Dry Creek #2 water would be needed to provide non- irrigation season augmentation water and to make up non-irrigation season return flows. it may be possible to use the existing ponds at the East Boulder Community Center (provided they were lined) or to develop additional lined storage ponds at the EBCC site. Other options would consist of acquiring and changing other suitable water rights from a willing seller. There may be other owners of Howard or Dry Creek No. 2 rights willing to sell their rights. The availability and costs for purchase are unknown at this time. The general steps involved in changing irrigation rights to augmentation purposes would be similar to changing Anderson Ditch rights and were described in the summary provided by Veronica Sperling. AMEC Earth & Environmental ,i~ g~~~~ 6T'~fv~ ~ ~ I September 10, 2008 Page 6 References: Jenkins, Edward D., 1961. Colorado Groundwater Basic Data Report No. 5: Records and Logs of Selected Wells and Test Holes, and Chemical and Radiometric Analysis of Groundwater in the Boulder Area, Colorado. U.S. Geological Survey. Hall, Dennis C. et.al., 1980. Bulletin 42: Water Resources of Boulder County. Colorado Geological Survey, Department of Natural Resources, State of Colorado. AMEC Earth 8 Environmental P . - _3 5~ i i e 5100 • r ~0 ~ e e ~ o ~ o ° • i 00 a I • Y • , 52 • ° e ~ i ° . y u. e • I e o • t/' ° 1 • ° e i ~ O • y,. • t~ • i a i s - , e • j 'i • i . • i • I Z 4' • o ® e • o • ~ 's _ • 0 y z O • • U vwi y20 a ° • • ~ ~ e e • ee ° e • ° s. e • e . e o i • °ee • s ~ e i 0 ° o ° • s 5~y0 ° a I _ ~SSOO ~ • • o e ~ e ~ • 5300 ~ ° s s, e s 4~ u o o e ~ • a • ~ • "sr, ~ a ~ c e • • %-x5600 e ~ (i .sue ~ O~ SS~O ~ • i Base from U.S. Geological Survey 1:100 D00 Boulder Co., 1976 0 .2 4 6 MILES , i i i i i ~ 0 2 6 KILOMETERS Figure 6.--Water cable of shallow aquifers in eastern Boulder County. a~~l~r~~ . P~~~ S3 Attachment F BUCAANAN AND SPERLING, P.C. ATTORNEYS AT LAW Please send correspondence to: TIMOTHY R. BUCHANnN 7'7O3 RALSTON ROAD HEATHER A. WARREN trb(a~tbvs.net ARVADA, CO 80002 hawna,tbvs.net VERONICA A. SPERLiNG KAREN H. SIIIRLEY vsperling(atbvs.net telephone: (303) 431-9141 ks(riltbvs.net FACSIMILE: (800} 803-6648 ERIC R. POTYONDY EMAIL: tbVS(r,~tbVS.net erp~atbvs.net $ODLDER OFFICE WEBSITb: www.tbvs.net 1113 SPRUCE STI2EE'I', SUITE $03 BOULDER, CO 80302 MEMORANDUM To: Joy Master l~rom: Ronni Sperling Subject: Thunderbird Lake Water Rights Issues Date: September 10, 2008 Introduction The purpose of this memorandum is to summarize certain water rights information related to a potential increased water supply for Thunderbird Lake. New Tributary WeIULake Evaporation Loss from Intercepted Groundwater A well is broadly defined by statute as any structure or device used for the purpose, or with the effect, of obtaining groundwater for beneficial use from an aquifer. This statutory definition has been judicially and legislatively determined to include reservoirs, ponds, gravel pits and other impoundment structures that are constructed into the water table and expose groundwater to the atmosphere, resulting in evaporation of groundwater. Thus, virtually any structure that diverts groundwater for beneficial use or exposes groundwater to the atmosphere is a "well" under current Colorado law. A well permit issued by the Colorado Division of Water Resources, Office of the State Engineer, is required to construct a new well and, under certain circumstances, to repair or replace an existing well. Without a well permit, well construction contractors licensed under Colorado law will not construct a new well and, in some cases, may not be willing to repair or replace an existing well. Unless a well is statutorily exempt from administration, aplan for augmentation is also required in river systems that are over-appropriated before a well permit for a well to withdraw tributary groundwater or expose tributary groundwater to the atmosphere can be (or will be) issued by the State Engineer's office. The South Platte River basin is over-appropriated, meaning that at times of the year there is not enough physical water supply available to satisfy the demands of all water .~.GENDA, ITEM . E~~E 5~ B>'uCHANAN A_\D SPERLL~IG, P.C. Joy Master September 10, 2008 Page 2 users who already have decreed water rights. Tributary groundwater is groundwater that is connected to surface water in a nearby stream, through small openings between grains of sand and gravel that allow water to move through the ground to and from the stream. Groundwater is presumed to be tributary in Colorado absent proof to the contrary. Anew shallow well to provide a water supply to Thunderbird Lakc would withdraw tributary groundwater and would not be exempt from administration under Colorado law. A plan for augmentation is a water court-approved plan to replace depletions from out-of-priority water uses so as to allow those out-of-priority water uses to occur without inj using other water rights. An approved plan for augmentation allows a junior water use to continue when more senior water users are calling for water, by providing the senior water users with water from another source ("augmentation" or "replacement" water) provided by the junior water user. The requirement to obtain a plan for augmentation in order to obtain a well permit and subsequently to construct a well applies to tributary groundwater use in over-appropriated river systems because withdrawal of tributary groundwater causes some reduction in stream flow in nearby streams after the pumping itself has stopped. This reduction is referred to as a "delayed or lagged" depletion, as compared to the instantaneous depletion that occurs from diversions through surface water diversion structures. In other words, groundwater pumping, even if it is in priority at the time of the pumping, will result in depletions at a later time after the pumping has stopped and when senior water rights may be cal ling for water. Acourt-approved augmentation plan ensures that augmentation/replacement water is available prior to the occurrence of groundwater pumping so that these delayed or lagged depletions will be replaced even if the well is not actually pumping when those depletions occur. Based on the analyses to date of the City's consultant, Lee Rozaklis, the pumping of a new shallow well to provide water supply to Thunderbird Lake would deplete stream flows in Boulder Creek and perhaps in South Boulder Creek. The amount of these depletions would be 100% of the amount pumped from the well or some lesser amount if some of the water pumped from the well is flowing through the lake rather than being stored. 1f the lake intercepts groundwater, the depletions would likcIy be the full amount of evaporation loss from the surface of the lake. The timing of these depletions (the "delay" or "lag") can be determined using commonly-accepted engineering methodologies. Augmentation or replacement water for awater-court approved plan for augmentation can be any fully consumable water that is either decreed for such use or legally available for such use, and that can be delivered to the affected stream system at the time and in the location and amount of the depletions from the junior water use. Examples are senior agricultural water rights whose historical consumptive use has been quantified by the water court, making this water fully consumable and BUCHANAN AND SPERLING, P.C. Joy Master September 10, 2008 Page 3 available for augmentation and replacement use, junior water rights originally decreed for augmentation or replacement use, nontributary and not-nontributary Denver Basin groundwater, and transmountain water such as Windy Gap Project water. In order to obtain acourt-approved plan for augmentation for water uses at Thunderbird Lake, the City Parks and Recreation Department would have to reallocate existing water rights of the Department or acquire water or water rights to be used as augmentation/replacementtyater. The process for obtaining a water court-approved augmentation plan is to file an application for approval of the augmentation plan with the Water Division 1 water court in Greeley. The application must identify the structure or structures to be augmented (a well and/or Thunderbird Lake itself if it intercepts groundwater), the water and/or water rights to be used as the augmentation/replacement supply, the historical use of any water rights that need to be changed to augmentation or replacement use as part of the augmentation plan, the amount, timing and location of the depletions associated with the use of the well and/or other structures to be augmented, and the amount, timing and location of the proposed sources of augmentation/replacement water. Change of Water Rights Represented by One-Half Share of Anderson Ditch Stock The one-half share of Anderson Ditch stock represents a pro rata interest in the 25 cfs water right decreed to the Anderson Ditch. 't'here are 100 shares of stock in the Anderson Ditch Company, so the one-half share represents 0. I25 cfs or approximately 56 gpm. The Anderson Ditch water right has an 1860 priority and is a very reliable water right because it is almost always in priority. The 0.125 cfs of the Anderson Ditch water right represented by the one-half share is currently decreed for irrigation use and is used by the City for that purpose. 1n order to use this 0.125 cfs to fill or provide a freshening flow for Thunderbird Lake, or to use it for augmentation of a well to fill or provide a freshening flow for 'T'hunderbird bake, the water right must be changed to those new uses. This requires approval from the water court, the process for which is initiated by filing an application with the water court for approval of a change of the water right, either to substitute the new uses for the existing decreed irrigation use or to add the new uses to the existing decreed irrigation use. In order to be approved, the proposed change of water right must not cause injury to other water rights. In general terms, this means that (1 }the diversions for the new uses must not be greater than or at a different time of the year than the historical lawful diversions for the decreed irrigation uses and (2) the amount of water that became return flows after the lawful historical use for irrigation must continue to be available in the stream to water users downstream of the location of the BUCHAi~1AN AND SPERLING, P.C. Joy Master September 10, 2008 Page 4 historical use. The analysis that provides the basis for the quantification of these amounts, as well as the information about the location and timing of the historical return flows, is generically referred to as an historical use analysis. There are commonly-accepted engineering methodologies for performing an historical use analysis In almost all cases involving changes of irrigation waterrights to new uses, the applicant's obligation to maintain the historical return Mow regime that occurred from the historical irrigation use requires that water beavailable on ayear-round basis for deliveryto the stream to maintain these return flows. During the irrigation season, this obligation can generally be satisfied by leaving a portion of the historical diversion that became return flow in the stream for use by downstream water users. This is often accomplished by bypassing the flows at the ditch headgate. However, since almost all irrigation rights divert only during the irrigation season, this usual ly means that either an independent source of water must be provided to make up the non-irrigation season return flows, or some of the water from the water right being changed must be stored during the irrigation season for later release during the non-irrigation season. The need for the non-irrigation season replacement water is sometimes one of the most difficult requirements to meet in order to obtain a change of an irrigation water right. In order to obtain court approval of a change of the 0.125 cfs of the Anderson Ditch water right represented by the one-half Anderson Ditch share, the City Parks and Recreation Department would have to acquire a source of water to meet the non-irrigation season return flow obligation or develop a storage facility into which some of the available Anderson Ditch water could be delivered for Later release to the stream at the appropriate location during the non-irrigation season. If an independent source of water is to be used, examples of the types of water and water rights that would be potentially available for that use are the same as described above for use for'~,augmentation or replacement. In the case of the 0.125 cfs of the Anderson Ditch water right, the return flows from the historical irrigation use were likely to a location on Boulder Creek or possibly Bear Creek. An application for a change of water right must identify the water right to be changed (the 0.125 cfs of the Anderson Ditch water right) and the decree information for that water right which wi 11 include the decreed diversion rate, the location of the decreed point of diversion, the decreed use and the priority date, records of historical diversions, a general description of the historical use of the water right including the location of historical use and the location of historical return flows, a description of the proposed new uses of the water right, and the identity of and decree inforn~ation for the water and/or water rights to be used to maintain the historical. return flow regime. An application for change of water right can be combined with an application for approval of a plan for augmentation. BUCHANAN AND SPERLING, P.C. Joy Master September 10, 2008 Page 5 Water Court Process An application for approval of a plan for augmentation and/or for approval of a change of use of water rights in connection with Thunderbird Lake must be published in the water court resume and in a local newspaper. Other water users have two months from the end. of the month in which the application is filed with the watercourt to file statements of opposition to the application. The issues with the proposed augnmentation plan and/or change of water rights that are raised by ob j ecting water users must be resolved either by negotiated settlements or by the water judge after a trial, and then a decree will be entered describing in detail the operation of the augmentation plan and/or change of water rights, the terms and conditions which must be complied with to prevent injury to other water rights, and the accounting required to demonstrate compliance with the terms and conditions of the decree and to allow administration of the decree by State water administration officials, The time from filing of an application to entry of a final decree generally takes from 1 '/2 years to 3 years ifpursued diligently. After the decree is entered, the State Engineer's office is required to issue any needed well permits. The legal fees for obtaining approval of aplan for augmentation and/or approval of a change of water right vary greatly depending on the complexity of the proposed plan or proposed change of water right, the number of other water users who object to the application, and whether there is a negotiated settlement or a trial. A reasonable range of estimated legal fees is from $25,000 to 100,000. This does not include engineering fees and other costs, such as filing fees and publication costs. There are some cost savings if applications are combined. During the time an application for approval of a plan for augmentation and/or change of water rights is pending in the water court, the applicant can request approval of a substitute water supply plan by the State Engineer's office which, if approved, allows the temporary use of the well or other structure to be augmented and/or the temporary use of the unchanged water rights for the proposed new uses. Notice of the request for substitute water supply plan approval must be given to other water users who then have 30 days to submit comments to the State Engineer's o#~ce. The State Engineer's office can approve a substitute water supply plan for one year at a time, so multiple requests/approvals may be required during the time an application is pending in the water court. Any needed well permits will be issued by the State Engineer's office if a substitute water supply plan is approved, subj ect to the condition that the well operate only under the substitute water supply plan or, ultimately, the water court-decreed plan for augmentation ~ 8 Fri ~:t t° ith ~ _l J~~ , F'i~~. Attachment G I Ma yCO uP nnY" Technical Memorandum To: Joy Master; Douglas Sullivan, PE -Boulder From: Rich Thornton, PE -HDR Project: Boulder Stormwater Management Plan CC: Claudia Brovrne, Mike Lighthiser - BioHabitats Date: September 9~", 2008 Job No: 34640 RE: Thunderbird Lake -Bear Creek Diversion ~.o Introduction Boulder has requested assistance to prepare a concept level engineering analysis of a proposed diversion system to d'+rect flow from Bear Creek to an existing 10" the drain line in Caddo Parkway, east of Inca Parkway, which ultimately discharges to Thunderbird Lake. City staff has determined that water rights may be available and could be diverted at a rate of 56 gpm (0.125 cfs). The flow rate of 56 gpm was identified by the City/Project Team as the amount of/z share of Anderson Ditch water. The conceptual analysis included the following activities: • Prepare plan view mapping of the proposed diversion pipeline alternatives showing general pipeline alignment and manhole locations based on the city's GIS data. • Develop a concept level proposed pipeline profile to address sewer laterals, water services and assumed depth of private utilities (communication and gas). Present the resulting vertical profile data information in plan view with rim and invert elevation call-outs on proposed manholes. • Identify potential utility conflicts or other °unknowns" that may impact feasibility of the proposal diversion pipeline. • Provide a written description and schematic detail of the diversion structure and flow metering system options. This would include 1) gravity diversion and a flume flow metering device and 2) a pump fed system. Provide a hand sketch of both system options. • Develop an order-of-magnitude level estimate of capital construction cost. The American Association of Cost Engineers defines the anticipated level of accuracy as +50% to -30%. Unit costs will be based on those developed for the Boulder Stormwater Master Plan; escalated to account for inflation 2008 dollars. • Provide an estimate of engineering fees based on a percentage of capital construction costs. • Prepare brief TM summarizing findings of the analysis 2.a Alternatives Two alternative methods of diverting and conveying flow from Bear Creek to the existing 10" drain the located in Caddo Parkway were developed based on correspondence with City and consultant project team members. The following tables summarize those alternatives. HDR ENGINEERING, INC. 303 c. 17"Avenue Phcre (303) 784^52U T•bird Bear Crk Oiversion.doc Suite 7UU Fax (303) 850.71'x9 I Denver, CO 80203 www.hdrinc.can C~ .~.t?f=3~9t~P. iTFM # ~>4 PA.G~ ~ / Alternative 1 -Gravity Diversion System Alternative A system that diverts, measures, and conveys flow by gravity. Description Alignment Figure 1 shows the alignment and Sketch #1 shows a conceptual layout of the Description diversion structure/system. The diversion structure {ocation was chosen based on the creek elevation that would provide adequate slope of the proposed pipeline resulting in a minimum velocity of 2 fps. The 2 fps velocity is generally considered a minimum to move sediment within a gravity pipeline thus reducing maintenance issues. The diversion system consists of concrete headwall in the creek bank with a manual headgate to regulate the rate of flow. Flow rate is measured via a Parshall flume located in a 48" manhole. Debris from the creek (sediment, oil and floatables) are trapped in an additional 48" manhole with "Snout" or similar debris trap (see the appendix for product information). The resulting 6" diameter pipeline alignment has two distinct segments in term of construction: 1) across CU property and 2) along Caddo Parkway. The CU property alignment is open ground, cut and cover, with re-seeding for surface restoration. Average depth is approximately 8'. The Caddo alignment follows the south side of the street as the north side contains water, sewer, and storm drain pipelines. At the downstream tie in with the 10" tile, the proposed pipeline is approximately 6' deep and above the sanitary sewer system depth. The proposed pipeline continues to the west above the depth of the sanitary sewer, thus alleviating conflicts with the sewer main or service laterals. The proposed pipeline depth does conflict with the water main and services. These water conflicts can be resolved by lowering the waterline at the crossing locations. Water and sewer services are minimal a{ong Caddo as the lots are generally served off the north/south streets such as Hopi Drive. Construction is assumed to be moderately complex given the potential for private underground utilities, asphalt surface restoration, and traffic control. Benefits and Gravity system would require minimal maintenance and low long-term operational Opportunities costs (e.g. no power costs) The existing storm inlets along the south side of Caddo could be connected to the proposed pipeline to provide additional flow to Thunderbird Lake. Issues and Flow control may not be a "set it and leave it" system as the creek level will affect Unknowns the rate of flow diverted from the creek to the system. The headgate would require adjustment with a visual observation of the flow rate measured by the flume (typical with agricultural irrigation systems). Location and number of private utilities along the south side of Caddo is unknown. Asphalt condition is unknown. Construction equipment may result in a larger asphalt replacement width than the assumed 4'--5' width. Lining the existing 10" clay the with a "fold and form" type liner may be difficult to install given the lack of intermediate access points. Capital Cost $369,000 Alternative 2 -Pressured Diversion System Alternative A system that diverts flow by gravity from the creek and uses a small irrigation Description pump to convey flow through a small diameter pipeline. Alignment Figure 2 shows the alignment and Sketch #2 shows a conceptual layout of the Description diversion structure/system. The diversion structure/system location was chosen based on an alignment that provides the shortest distance across CU property while minimizing construction impacts. The diversion system consists of concrete headwall in the creek bank with a manual headgate to act as an isolation valve for maintenance or winter operation needs. During summer operation the headgate would be normally open. A trash rack on the headwall is to prevent large debris from entering the system. Flow is diverted from the creek to a cistern. The cistern provides storage volume to manage pump cycle and run times. In addition, the cistern would allow for minor amount sediment to settle out. The irrigation pump is estimated to be a 1 hp centrifugal irrigation pump installed in a pump house. The pump suction line would extend into the cistern with a foot valve for self priming of the pump. The pump on/off controls would be managed through two float switches connected to a small control panel. Power supply would need to be brought to the site via an underground electric line and connected to the control panel. An alternate electric source such as solar with battery backup could be considered as the design moves forward. The pump house was envisioned to be a small, above grade, pre- fabricated fiberglass unit. The above grade approach was considered appropriate due to high groundwater. The proposed 3" diameter pipeline is envisioned to be at an average depth of 3' and constructed with a chain trencher. ~As a result, the horizontal and vertical alignment can be modified based on utility and alignment corridor constraints, The depth of the proposed pipeline allows for it to be located above the existing water and sewer systems. The pressure pipeline would discharge to a 48" manhole constructed over the existing 10" drain line. As this location provides the transition from pressure flow to gravity flow, audible splashing sounds are anticipated. Benefits and The pump provides a constant flow rate and a `'set it and leave it" system Opportunities operation. Relatively easy construction with excavation equipment anticipated to be a chain trencher for pipeline construction. Result asphalt impact would be relatively minor. Ability to change pipeline grade and alignment to avoid utilities and other potential construction obstacles. No waterline relocation needs. lssues and System would need to be blown out like a typical irrigation system to prevent Unknowns freezing issues in the winter. Power costs create a higher life cycle cost as compared to a gravity system. A mechanical system typically requires more maintenance than a gravity system. HDR ENGINEERING, INC. 303 c. 17" Aveme ~rc^.e (303; 104-15'10 Suite 7C0 pax (303) 850.7139 T-bird Bear Crk Oiversion.doc Denver, CO 80203 www.^dnnccom :.i• lu IT~iYI TT_11~ _ I F~', V~]`~ The need for intermediate access points or blow-off requirement is unknown. Location of electrical service and power availability is unknown. Solar with battery backup may provide to be a better power option but it was not investigated at this level of analysis. Location and number of private utilities along the south side of Caddo is unknown. Lining the existing 10" clay the with a "fold and form" type liner may be difficult to install given the lack of intermediate access points. The 3" HDPE pressure line maybe able to be pulled thorough the existing 10"drain instead of lining the 10" drain, thus extending the length of the pressure system. However, this was not investigated at this level of analysis. Capital Cost X256,000 s.o Capital Cost Estimates Estimates of capital construction cost were prepared based on the concept design level analysis for each alternative. Given the relatively minor level of detail included in a conceptual analysis, it is anticipated that there are cost items and/or unit costs data that may not reflect actual construction costs. As a result, a design contingency of 30% was applied to the subtotal of construction costs. In addition, unit costs were generally developed as conservative numbers. Unit costs were based on those developed for the Boulder Stormwater Master Plan where applicable and also from RS Means. The order-of-magnitude level estimates of capital construction cost are summarized in the following tables. . ~ Alternative 1 -Order of Magnitude Cost Estimate Descri lion Units Quanti Unit Cost Item Cost General _ Insurance and Bonding (10%) _ _ $ 17,100 Mobilization (6%) $ 10,300 Traffic Control (5%) $ 8,500 Misc. Utility Relocation (5%) $ 8,500 _ Subtotal $ 44,_400_ Pipe Improvements Dewatering (5% of Pipe Cost) $ 7,382 Connect to Existing Each 1 $ 1,020 $ 1,020 Pipe 6"PVC SDR 35 LF 2,700 $ 30.36 $ 81,972_ _ 12" PVC_SDR 35 LF 20_ $ 50.50 $ 1,01_0_ Surface Restoration _ -1 Asphalt Patch, 6" HBP SY_ I 733 $ 24.50_ 17,967 Re-seeding _ SY _ j _ 333 $ 5.00 $ 1,667_ Manholes _ _ _ i ~ _ . 60" Dia and Smaller _ ~ _Each ~ 11 $ 4,000 $ 44,000 Subtotal ~ $ 155,017 - - ~ - - Diversion Improvements _ - - Concrete H_ ead_wall Each ~ 1 $ 5,000 _ $ 5,000 -__`Headgate (24_" manual) Each 1 $ 1,000 1__,_000 Tash Rack j Each 1 ~ 500 500 Flume Each 1 $ 750 $ 750 Oil Debris Screen Each 1 $ 500 $ 500 _ Subtotal $ 7_._75.0 Utility Relocation -Water Line Relocation LF ~ 200 $ 41.12 $ 8,224 Subtotal j $ 8,224 Subtotal Construction Costs $ 215,391 _ Design Contingency (30%) I $ 64,617 Engineering and Administration (20%) _ ~ $ 43,078 Land Ac uisition ~ SF ~ 3,000 $ 15.00 $ 45,000 Total Estimated Improvement Cost (Rounded) $ 3. 69,000 Cost Range Nigh +50% $ 554,000 Low -30% $ 284,000 HDR ENGlNEERIN6, INC. 1303 E. 17^ Avenue I Phone (303) 76a-1520 T-bird Bear Crk Diversion.doc Suite 700 Fax (303) 860.7139 Denver, CO 80203 www.hdrinc.com -~`:r?1;.ss~ Cell ~.~-4L-~---- Alternative 2 -Order of Magnitude Cost Estimate Descri tfon Units Quanti Unit Cost Item Cost General _ Insurance and Bon_ding_(_10%) $ 11,100 _ Mobilization (6%) _ _ $ 6,700 _ Traffic Control (5%) $ 5,600 Misc. Utility Relocation (5%) $ 5,600 Subtotal $ _ 29.000_ Pipe Improvements Dewatering (5% of Pipe Cost) $ 3,637 Connect to Existing _ Each 1 $ 1,020 $ 1,020 Pipe (material, trench, backfill & compaction) 3" HD_PE DR 15.5 LF 2,400 $ 20.35 , $ 48,840 _ 12"PVC SDR 35 LF _ _ 20 $ 50.50 I $ 1,010 Surface Restoration ~ j Asphalt Patch, 6" HBP ~ SY 367 ~ 24.50 ~ $ 8,983 _ Re-seeding SY i 1,778. $ 5.00_ $ 8.889 _Manholes _ ~ 60" Dia and Smaller Each 1 ~ $ 4,000 $ 4,000 ~ 96" Dia Box Base Each ~ 1 $ 15,000 $ 15,000 _ Subtotalf _ $ 91,379_ Diversion Improvements _ _ Concrete Headwall _ ~ Each ~ 1 $ 5,000 $ __5,000 _ Headgate (24" manual) Each 1 $ _ _1_,000 $ _1,000 Tash Rack Each 1 $ 500 ~ 500 Pump, float switches and controls _ Each ~ 1 $ _ 500 _ _ 500 Pump Control House (fiberglass, prefab) Each_I_ 1 $ _1_,000_ $ 1,000 Electric Service LF 800 $ 15.00 $ 12,000 Subtotal! _ _ _ $ 20,000_ Utility Relocation _ _ _ _ _ Water Line Relocation ~ LF - ~ $ 41.12 $ - _ subtotal I _ $ - Subtotal Construction Costs $ 140,379 Design Contingency (30%) ~ $ 42,114 iEngineering and_Ad_mini_stration (20%) l ~ ~ $ 28,076 (Land Ac uisition SF 1 3,000 $ 15.00 $ 45,000 Total Estimated Improvement Cost (Rounded) $ 256,000 Cost Range High +50% $ 384,000 Low -30% $ 197,000 ~1G~l~~A E~E~~~ ~.,-~-.rT 9 P~,GE~ Figures and Sketches • Figure 1 -Gravity Diversion System • Sketch #1 -Gravity Diversion Structure • Figure 2 -Pressured Diversion Structure • Sketch #2 -Pressured Diversion Structure HDR ENGINEERING, INC. ~ 363 E. 17" Aven~E rhea job)!6a 1520 T-bird Bear Crk Diversion.doc Suite 700 Fax (303) BfiC-7139 ( Denver, CO 80203 (www.hdrinc.com AGENDA ITE~1 # _ ,PAGE ~S- • ,rte ` t~ .i F. 4, .r ,l~ Y ~ • ~'1 ' ~ ~ e~ ~ ~ 's, ~ ~ Mt~,li ~ 27D0 LF of 6 PVC SDR 35 @ S 0.6/0 's .Rim =5324.34 ~ . , • ~ ' ~ Qdesign = 56 gpm (0.125 cfs) V=2.0 fps A. ' , xi ; r - ,Ml~.,.' - - - ~ , I IE =5319.01 , ~ r>w,,I"" ,r'"~~ ~ ' f ~ ~ ~ , . :'fir r ,r. f , , _ • . • _ 6,; _ ~ Rim 5335.05 r Rim 533317 Pom5330.63 . ~ ~ f~ni53255•• 532A•76 IE 5329.52 ~ ~ - IE 5328.38 E 5326.04 _ IE 53228729 E 532022 ~~j~'S'•" F • - _ ~S, i I Bear Creek ~ - , , n• Rim 5325.2 j Top of Bank =5340.0 - - - t ut IE 5319.5 ~ Fbwline = 5336.1 : ' ~ " r Lower Existing Waterline. r'rd " ~ '~R ~ ' Typical at Crossings (4) a ~ ` , Exist. l0"Clay Tile Rim 59401 , f~m5339J4 ~ R1m5339.28. _ „ I:.~ ~ '.V~. f IE 5036.08 E 5333.42 G" IE 5331.32 ( tG` ~ ~ F~ << , ' 4-•`'~' ~ C~c~ e ; ~ ;per. / f 20' utll4y easement across CU property. ~ ~ . ~ ~ ~ `l ~ ` 6 a ~f.•• t~; ~ ~~`P~ • , t~( I L=1050'A=3000 SF A~G"~~.... ~ I r;! ~ 1, ~ '~6 Proposed Diversion with debris screen, '~r ~ ~ r' rr ~ ~ f ~ 1 sediment trap and parshall flume. ~ ~ E~~~ o~ a ~ ~r -:a' ~ a ° y, ~ See Sketch #1 ~ ( + ~ ;~~1?' . , n~ti ~ ' gyn. '1' - - - - _ S ~ , 7jp . . ' ~ ~ ~ ~ .b7 Legend Bear Creek to I~t Thunderbird Lake Diversion ( Prop. Manhole ® Exist. Sewer Manholes • Exist. Storm MH Exist. Water Main Figure 1 Prop. Diversion Structure Exist. Sewer Main ~ Exist. Storm Inlet - - Exist. Water Service ~ Prop. Diversion Pipeline - - Exist. Sewer Service Exist. Storm Drain 0 100 200 400 Alternative 1 Feet Gravity Diversion and Conveyance System AGENDA ITEM # ,PAGE ~ ~ i t; IG N 24 tE 7^ k iJ k is"r r" F';dC:. j t+-,.C.nl:.d ~'S i~i,~ F?`*r~G COrnC~tEd Ddte: d/.~C~~ S~~:e;c ~ ~ ,f Cnec+.etl: Date: O\ECOV['.4VY l~~r`•~~t~tC Jc-.C ~ Chi r4lanr $a hrtians" ~ - - - - - - - cask: Page: of .IQ." F NC. ~hW.~` 7 r 1 .l ~ sv~oc~t-T "I +~'i" ~~i r~ e~~EtJt~A STEM , p~~E lU~ / ~~~;Y, ~ .~~"•;'w+~ ,1 ~ I~ tit ^ W ~ Ma ",-;~R~~~~~1~~ ~ ~ I ~ 1. ~ L a .ryl i~ ~ Y ~ it' 1 ~1 C ~ R it~. ,~M t n •u.~ 4 ' M ~ Proposed Diversion with debris screen, ~ ; " a, ~ ~ . ~ ~ Mh cistern, and 1 HP pump. ~ ~,bii' -a, ~ ~ fiw_....- - ~ ~,r~ 1 . See Sketch #2 4~ „ • • h ~ ; ~ ; ~ ~ q, ~1. ; Ai, ~ j _Y:~ ' 1 ~~ir/ . ~ I I {lw~.a.~ g. i ~ h, ` F ~ ~-1 _ i / ' Al. ~I J ~ ,M, ~ a ' I W i .~a. Proposed Underground Electric Line to Pump. Y`~` ~ ~ " _ ' . r`R"M . - ~ ~ ' - ~ ~ Connection Pant in Caddo Assumed. ~ 1;M r^ r: - - - - ,rr;,r i, 2400 LF of 3" HDPE DR 15.5 (110 psi) , ~ ~ - ,~1; Qdesign = 56 gpm (0.125 cfs , V=2.6 s P f ~ Rim = 5324.34 ' ~ ` . A ~ ,M,, ~ ~ .'s,~,,~, i ~ IE =5319.01 ~ - ~ ~ ~ , r 1. ~ ~ .:.I Bep r Creek • . - ~ ~ - o -----~._A : ;w~`,' / To of Bank = 5334 ~ t o- ~ .:ri.. T_-__-_ o~._r, ~ .o f , ~ a. Flowline = 5330 ' - ~I ~ - - ~ . ~ ~ ~ ~ " I ~~yy1,,t ~ ~ , 1 ~ _,a.,. ~ , , ~ a ~ _ 1'0 y ~ Exist. l0" Cla Tile i { 20 ublBy easement across CU property. ~ . ~ i ! ~ ~ ; r ~ 'y' ~ , I L=800', A=2400 SF . : ~ .tk~ l.r~~. ; ry ~ } / t ' c. • ~ ~ 1, o ~ • e Legend Bear Creek to I~ Thunderbird Lake Diversion " Proposed Diversion Structure a Exist. Sewer Manholes " Exist. Storm MH Exist. Water Main Figure 2 ( Proposed Manhole Exist. Sewer Main ~ Exist. Storm Inlet - -Exist. Water Service Proposed Diversion Pipeline Exist. Sewer Service Exist. Storm Drain 0 100 200 Alternative 2 - ~ Feet Pressured Diversion System I~"" AGENDA ITEM # HAGS Vr J i~~'< ~t % f{ ~ 2 - l~~ S SC~c,r1 c=.~ ~ i ?a 2 5 c~rJ C -r; l.~.(«Lt-l ~~-~J _ - - J i, - - - % ^ / ~ :1 A ~ _ , / _ ~ ~ 'ova ~I l~C i ~ F'f'~C~os~~`" ~ ~ f ' ~ -j. 1 / f, [ST~l~ = 533-1 c - ~3Z~ J \ 1 H ~ ~ .1 ~ c ...t- f/~v4~~ - ~ / ..;L ~~~C.ii rn}~' Product Information • Snout/Hood Specification Sheet for Water Quality Structures • Manhole Flume Specification Sheet • Goulds Pumps GT -Specification Sheet ~GENt~A ITEM ~,~--~.;~.9 P~G~ TYPICAL INSTALLATION CONFIGURATION DETAIL ~ - - __r r-~' 1' PVC ANTI-SIPHON - ' PIPE ADAPTER REMOVABLE WATERTIOHi ACCESS PORT, 8'-70' OPENIN ANTISIPHON DEVICE._ SNOUT ~ OIL-DEBRIS ` HOOD i ~ OIL AND DEBRIS 0 I I I i ourLET ~ ~ PIPE i ° ~ OUNTING FLANGE 3EE NOTE• ' OUTLET PIPE (HIDDEN) SOLIDS SETTLE ON FRONT VIEW BOTTOM SIDE VIEW ° SNOUT OIL-WATER-DEBRIS SEPARATOR •NOTF- SUMP DEPTH OF 30' MIN. FOR < OR= 1Y DU1M. OUTLET. FOR OUTLETS >OR= 15', DEPTH = 2.S3X DU1M. INSTALLATION DETAIL NOTES: 1. ALL HOODS AND TRAPS FOR CATCH BASINS AND WATER QUALITY STRUCTURES SHALL BE AS MANUFACTURED BY: BEST MANAGEMENT PRODUCTS, INC. 53 MT. ARCHER RD. DETAIL B LYME, CT 06371 (BBD) 434-0277, (860) 434-3195 FAX FOAM GASKET W/ TOLL FREE: (800) 504008 OR (888) 354-7585 PSA BACKINCI--- (TRIM TO LENGTH) WEB SITE: www.tlsatrnp.com OR PRE-APPROVED EQUAL ANCHOR W/ BOLT MOUNTI FLANGE 2. ALL HOODS SHALL BE CONSTRUCTED OF A GLASS REINFORCED RESIN COMPOSITE WITH (BEE DETaL A) ISO GEL COAT EXTERIOR FINISH WITH A MINIMUM 0.125' LAMINATE THICKNESS. INiTALLA710N MOTE: D 3. ALL HOODS SHALL BE EQUIPPED WITH A WATERTIGHT ACCESS PORT, A MOUNTING FLANGE, POSITON HOOD SUCH THAT AND AN ANTISIPHON VENT AS DRAWN. (SEE CONFIGURATION DETAIL) T BOTTOM FLANGE 13 A DISTANCE OF 1R OUTLET 4. THE SIZE AND POSITION OF THE HOOD SHALL BE DETERMINED BY OUTLET PIPE SIZE AS ty PIPE DIAMETER (MIN.) PER MANUFACTURER'S RECOMMENDATION. BELOW THE PIPE INVERT, GASKET MINUMUM DISTANCE FOR 5. THE BOTTOM OF THE HOOD SHALL EXTEND DOWNWARD A DISTANCE EOUAL TO 1/2 THE COMPRESSED PIPES < tY I.D. IS 6'. OUTLET PIPE DIAMETER WITH A MINIMUM DISTANCE OF 8' FOR PIPES <12' l.D. BETWEEN HOOD AND STRUCTURE DETaI A 6. THE ANTISIPHON VENT SHALL EXTEND ABOVE HOOD BY MINIMUM OF 3' ANO A MAXIMUM OF (SEE DETAIL B) 24' ACCORDING TO STRUCTURE CONFIGURATION. 7. THE SURFACE OF THE STRUCTURE WHERE THE HOOD 13 MOUNTED SHALL BE FINISHED DRILLED ANCHOR SMOOTH AND FREE OF LOOSE MATERULL. Hp~ SHIELD AIMLESS BOLT 8. THE HOOD SHALL BE SECURELY ATTACHED TO STRUCTURE WALL WITH 3/8' STAINLESS EXPANSION CONE STEEL BOLTS AND OIL-RESISTANT GASKET AS SUPPLIED BY MANUFACTURER. (SEE (NARROW ENO our) INSTALLATION DETAIL) 9 INSTALLATION KSTRUCTIONS SHALL BE FURNISHED WITH MANUFACTURER SUPPLIED HOOD SPECIFICATION FOR INSTALLATION KIT SHALL INCLUDE: CATCH BASINS AND A INSTALLATION INSTRUCTIONS B. PVC ANTI.SIPHON VENT PIPE AND ADAPTER WATER QUALITY STRUCTURES C. OIL-RESISTANT CRUSHED CELL FOAM GASKET WITH PSA BACKING D. 3/B' STAINLESS STEEL BOLTS E. ANCHOR SHIELDS DESCRIPTION DATE SCALE OIL- DEBRIS HOOD 09~08/~~ NONE US Patent # 6126817 AGENDA ITEM PAGE 7I SPECIFICATION AND INSTALLATION DRAWING NUMBER (TYPICAL) S P-S N i • ®te• 2 1,~~ P M ~e ~1~ ~ iM ~ ~ General The Manhole Flume` is a unique variation of the Parshail concept designed for easy installa- - tion in standard manholes. Its fiberglass ~ ~ reinforced polyester resin construction, for • long life and corrosion resistance, incorporates I r~' a low head trapezoidal design in conjunction - ~ 1~ J with a hooded outlet collector and pipe spud. - - ~ The hooded section, following the throat, - lp~` ' ' preverits bypass leakage under normal flows, ~,r:,,,_~.: ~ :u - yet allows nearly unrestricted flows during emergency conditions. This minimizes the ~ roblems associated with other t es of weirs ~ P YP or flumes during excessive flooding, Features Description Easy Installation / The Manhole Flume is a low head loss, self- Excellent Rangeability / cleaning flow measurement device especially designed to easily fit into standard manholes. Adapts to Standard Wastewater 1 No enlargement of the manhole riser or lid Conveyance Pipe is necessary. The flume adapts to any standard wastewater conveyance pipe. The Eastech Accurate t Badger flume allows accurate measurement over an unsurpassed flow range when com- Sized to Fit 4"to 12"Pipe 1 pared to other inserts. The upstream approach and throat velocities significantly reduce solids deposition. Que to the proportional head rise/flow rate characteristics for all Manhole Flumes, the unit can be used in conjunction with the Eastech Badger Vantage 2200 ultrasonic flow meter to compute the flow rate. Sizing Selection of a Manhole Flume is dependent upon manhole pipe size. Flumes are available for pipe sizes 4;'6'; 8';10"and 12"to accommo- date alarge percentage of metering applica- tions.The flume's design allows accurate monitoring of extremely low flow white having excellent rangeability -much greater than other insert flumes. ~ FLOW 'U.S. Patent No.3934472 AGENDA ITEf~ PAGE Manhole Flume Capacities Ordering Guide and Dimensional Data 20 ~ ' 10' FLUME-? ~ ' ' ' ~ ~ 1 8' FLUME-~ 4" MF4 17.59" 7.55" 4 lbs. 90 gpm 5.84" N g 6' FLUME ;1 ~ 8 12' FLUME 6" MF6 19.37" 9.68" 81bs. 250 gpm 8.65" $ 4'FLUME~ ~ 8" MF8 24.12" 12.82" 12 lbs. 550 gpm 12.17" m = z Q = K x H''95 10" MF10 28.69" 15.59" 17 lbs. 1000 gpm 15.54" 12" MF12 33.49" 18.78" 24 lbs. 1500 gpm 18.00" ,o so loo soo 200o Measuring point is one pipe diameter upstream from throat Flow Rale (GPM) Calibrations Sample Specifications - The Manhole Flume exhibits reproducible head An Eastech Badger Manhole Flume'M, Model ,shall rise/flow characteristics throughout its size range. be installed in the inch diameter pipe as shown in The flumes are characterized by the common the plans and in accordance with the manufacturer's recom- equation: Q = K x H1.ss mendations. The Manhole Flume shall be a single unit Flume K rector construction of fiberglass reinforced polyester consisting of a" 2 88 a measuring throat, hooded outlet section and a pipe spud Q = Ftow (GPM) for insertion into the discharging pipe. The flume shall have 6" 3.72 K = K rector a common head versus flow relationship for all sizes. 8" 4.21 H =Head Rise (inches) 10" 4.75 12" 5.34 flume Dimensions FLUME DIMENSIONS (inches) Nom. Pi D E H 1 L M N 4" 7.55 6.00 10.94 17.59 1.69 0.3H o 6" 9.68 9.00 9.03 1937 9.98 0.36 8" 12.82 12.00 10.33 24.12 13.10 0.48 10" 15.59 15.00 11.49 26.69 15.84 0.59 H J 12" 18.78 18.00 12.80 33.49 18.79 0.72 L E T ~o~ ~ N EYE BOLT Alt rights reserved. All data subject to change without notice. 4250 S. 76th E. Avenue • Tulsa, OK • 74145 FLOW TECHNOLOGY GROUP f 918-664-1212 800-226-3569 Fax: 918-664-8494 email: eastechbadger.com r P~~E 73 BGT Residential Water Systems Goulds Pum s p IRRI-GATORT"' Self-Priming GT Centrifugal Pumps - 60 Hz FEATURES CO ¦Self-Priming Design: Once pump is primed, filled with water, it never needs priming again even if water level drops below the end of the suction pipe. Pumping resumes once the water level rises above the end of the suction pipe. ¦ Serviceable: ~ Back pullout design allows disassembly of pump for service without disturbing piping. . ~ • Two compartment motor for easy access to ~ ~ ~ ~ ~ motor wiring and replaceable components. ~ - ¦ Diffuser (Guidevane): Bolt down diffuser provides positive alignment with impeller. ~ ~~W' ~ Diffuser has stainless wear ring for extended performance in abrasive conditions. F.D.A. compliant, injection molded, food grade, New base on i v, - 3 HP moao~s. glass filled Lexan®for durability and abra- sion resistance. ¦ Impeller: F.D.A. compliant, glass filled Noryl''. Corrosion and abrasion resistant. ¦ Corrosion Resistant: Electro-coat paint process is applied inside and out, then baked on. ¦ Casing: Cast iron construction. Four (4) bolt, GOU LDS PUMPS back pull-out design. Tapped openings pro- ' vided for vacuum gauge and casing drain. ¦ Powered for Continuous Operation: Pump ratings are within the motor manufacturer's Goulds Pun,ps s ~3 brand of iT- corporat or recommended working limits. Can be oper- ated continuously without damage. www.gou~ds.co~n ¦ Mechanical Seal: Carbon/ceramic faces, BUNA elastomers. 300 series stainless steel metal parts. Pump design prevents the seal Engineered for IZfe from running dry. ~GFt~~A ITE;~~ # ,PAGE GOULDS PUMPS Residential Water Systems APPLICATIONS • Maximum working pressure: AGENCY LISTINGS Specifically designed for the 125 PSfG. following uses: • Maximum water temperature: ~ ~ Canadian Standards 140° F (60° C). Association • Lawn sprinkling • Rotation: Clockwise when • Irrigation viewed from motor end. • Air conditioning systems Motor: U Underwriters • Heat pumps • NEMA standard open drip ~ L laboratories • Water transfer proof. • DeWatering • 60 Hz, 3500 RPM. Goulds Pumps is 150 9001 Registered. • Stainless steel shaft. SPECIFICATIONS • Single phase: 3/o-1Yz HP, STANDARD ODP MODELS Pump: 115/230 V; 2 and 3 HP, Model HP Phase • Pipe connections: 230 V only. Built-in overload Gro7 3i, 1'/z"NPT suction with automatic reset. oT;o i 1 1'h" NPT discharge • Three phase: 230/460 V. GT15 t ~i~ t • Capacities: to 110 GPM at Overload protection must GT2a z 5 foot suction lift. be provided in starter unit. GT3o 3 • Heads: to 128 feet. Starter and heaters (3) must be GTO73 I 3i< ordered separately. GT103 1 • Reprime capabilities: to 25 • Options! TEFL motors are avail- cT1s3 1v: 3 feet suction lift. able. See price book for order GTZo3 2 numbers. GT303 3 DIMENSIONS AND WEIGHTS Model GT07 ~ GT10 GTiS GT20 GT30 G1073 ~ G7103 GT153 GT203 I GT303 HP Y< 1 1'/a 2 3 3/a 1 1'/t 2 3 Length"~' 19/15 19'/• 213/16 2O9/f6 21"/37 19 193/4 zO'/I6 203/;6 2i3llfi Width _ 8Y. Height 9'/. Weight (Ibs.) 48 52 60 65 76 49 52 SS 69 71 Phase Single Three (All dimensions are in inches and weights in lbs. Do not use for construction purposes.) 1'/i' NPT DISCHARGE 3~/1 ~ "L" 1'/:"SUCTION 3 - - -r-- 3vd 49/5 I_ ~ L I I 7 8 8'/. 2 GOULDS PUMPS Residential Water Systems PERFORMANCE CURVE METERS FEET I 40 120 ~ Y 100 30 i i V 80 ~ 20' I Q i _ _ I ~ 20 25' - - - - - 15 - p 2 S' 60 _ t 5' C 0'_- - ~ - - ~ 15' 4D 10' 10 p-.. t 0' 10' _ I_ 20 G o I 5' s' S' G 1 GT 0 G. 30_ 0 00 10 20 30 40 50 60 70 80 90 100 110 120 U.S. GPM 0 5 10 1 S 20 25 m3/hr. GALLONS PER MINUTE (Q) Single and three phase have same performance. PERFORMANCE RATINGS SELF-PRIMING (AFTER INITIAL PRIME)' Psi Suction Lift in feet Model Discharge Pressure 5 10 15 20 25 °I~ _ I h 20 44 41 36 31 24 ~ i GT07/ ° ° GT073 30 34 31 26 22 14 0, o °23'0° y 40 10 ~ 0 0 0 ° 20 53 51 49 46 41 GT10/ 30 43 dt 38 36 32 GT103 - Water recirur4ites, ~ Arrors shoe: lcw of 40 29 22 16 8 0 but during re~purmng waver after alp a'• has 20 63 59 54 49 39 operation only. been exhausted from Air ~s exhausted from suet oa iinc. GT15/ 30 60 55 51 46 37 suction Mme through GT153 ~ discharye pipe. 40 4S 38 33 20 14 20 86 77 70 59 46 GT20/ 30 80 72 67 S7 44 GT203 40 65 60 S7 SO 43 20 105 100 88 76 60 GT30/ 30 92 90 84 7S 57 GT303 40 73 67 62 55 50 Performance ratings are in GPA~. Residential Water Systems COMPONENTS Item No. Descri tion Plug -'/a" NPT 2 Casing 3 Seal ring -diffuser 4 Diaphragm 5 Machine screw 6 Diffuser 7 Impeller 8 Mechanical seal 9 Foot 10 Bolt - foot to adapter 11 Motor adapter 12 Bolt-casing to adapter i3 Bolt-adapter to motor 14 Deflector o o - 14 13 ~ G ~ 9 3 ~ ~ 2 G OU LDS PUMPS Goulds Pumps, GT Irri-gator and the ITT Fngir.eered Blocks Symbol are registered :rademarks and tradenames of ITT Corporation. ~1oryl and Lexan are registered trademarks of GE Plastic. SPECIFICATIONS ARE SUBJECt 70 CHANGE WITHOUT NOTICE. BGT June, 2008 c~ ?008 ITT Coroo~ation Engineered for life Attachment H • ~ ' STATE OF COLORADO - ~ DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES ']~~r' I ~ GUIDE TO COLORADO WELL PERMITS, WATER RIGHTS, AND WATER ADMINISTRATION January 2008 Also known as the State Engineer's Office, the Colorado Division of Water Resources issues water well pernrits; administers water rights, monitors stream flow and What Type of Well Permit 2 water use, inspects dams for safety, maintains databases of • _ Can I Get? Colorado water information, and represents Colorado in interstate water compact proceedings. The Division of fem.-: Obtain a Well Permit 5 Water Resources strives to be a leader in the water commu- Within a Designated Basin - - pity of Colorado and the western United States. This is Are Your Well Permits Still B accomplished by focusing on the following areas: people, Valid? water and stewardship. People, because we recognize that the business of water involves our employees and the Residential Wells and g public. Water, because the administration, safety and use of Subdivisions Colorado's water resources is something to which we are I Purchasing Property With B committed and about which we care deeply. Siewar~lship, a Well or Water Rights because we understand and accept our obligation to the _ _ _ taxpayers and ourselves, in using and protecting the Lake I~opo in the San Well is Within 660 Feet of I I resources in the most effective manner possible. I Mignol River Basin I an Existing Well What is an Augmentation 12 ? ? ? ? ? ? Plan? What does the Division of Water Resources do? What Can I Do With That 13 Spring on My Property? For over 12S years, Colorado Obviously, the State Lngi- ing water use and/or diversion has used a system of water neer does not carry out the data, and enforcing the Can I Bnild a Fishpond? 19 allocation known as the prior day-to-day administration decrees and water laws of the appropriation doctrine. of all of these water rights. State of Colorado. Water Rights in Colorado 15 Under this doctrine, the first Most of that work is appropriator of water has a accomplished through the While water administration How Do I Obtain a Water senior right to that water, and field offices, known as and enforcement is a major ~ 15 that right must be satisfied the Division Engineer's duty of the State Engineer, a Right' before any subsequent rights Offices. The seven division host of other duties are under Glossary of Terms 16 junior to that right can offices are located through- his responsibility. Ground receive water. The Division out the state in each major water well permitting is one of Water Resources is river basin. The division of those duties. Contaet Information 19 empowered to adrtunister all offices, in turn, employ surface and ground water water commissioners who By law, every new well in the rights throughout the state are actually out in the field state that diverts ground water and ensure that this doctrine allocating water, issuing must have a well permit. In is enforced. shut-down orders, collect- order to obtain a permit, a _ COLORADO DIUlSION OF Dick Wolfe, Director ,State Engineer `WATER RESOURCES Harris D. Sherman, Executive Director, DNR Bill Ritter Jr., Governor Page 2 What does the Division of Water Resources do? (cont.) person must file an application for records streamflows on a real-time submitted to the Commission for approval of a permit with the State basis is also maintained by this office, approval. Further, the State Engineer Engineer. Over 10,000 applications are and has become crucial in the state's provides staff assistance for the Board submitted for review annually, and the flood monitoring efforts. Additionally, of Examiners of Water Well Construc- staff deternlines the amount of water the staff acts in an advisory capacity to lion and Pump Installation Contractors. available and analyzes the potential for county commissioners, provides advice This Board oversees the safe and injury to other existing water rights to other state agencies, and plans for proper insta[Iation of well pump equip- under strict statutory guidelines. fixture use and development of the rnent and regulates the proper, safe waters of the state in conjunction with construction of wells throughout the In addition to well permitting, the State other agencies. state. Engineer's Office employs professional engineers and geologists who collect "I'hc State Engineer also provides staff The Division of Water Resources, in and analyze data on water supply to to assist in technical support to the cooperation with various local ground forecast streamflows, determine diver- Colorado Ground Water Commission water management districts, operates a sion requirements, investigate stream in the exercise of its duties in the statewide network for monitoring transit losses, determine evaporation Designated Basins generally located on ground water levels. Over 1,500 wells losses, and calculate historic use and the eastern plains of Colorado. Well are measured to assist in projecting current conditions. A statewide satel- permits for wells (ocated in these ground water levels and to aid in the lite-linked monitoring system that basins are evaluated by the staff and administration of ground water. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? What Type of Well Permit Can I Get? The following discussion applies to more than fifteen gallons per minute. - those areas of the state outside the Generally, wastewater disposal system, _ • - designated ground water basins. Please are required to be of the non- - = - „ ' refer to the section of this guide titled, evaporative type, such as standard "Now Do 1 OGtain a Wuter Well septic tank and leach field systems, ' _ - Permit Within a Designated Barrn? where the return flow from the use of - ~ ~ '"~4~,."-._ for a discussion or. obtaining well the well is returned to the same stream ~ ~ • ~ • _ ermits within the desi Hated round drama ~e system in which the well is ' ~ y` • water basins, and for information as to located. where the designated basins are - - - located. Except in linuted cases, an exempt well - ~ • _ a,, permit will not be issued where either a ~ : ~ ' There are two different classes of municipality or a water district can wells: those that are exempt from provide water to the property. In -Host g~d~ domeatia ~vatsr wall water rights administration and are not cases, no more than one exempt well is Weld Qonnty administered under the priority system, permit will be issued for a single lot. and those that are non-exempt and are Dorncstrc and Lavestuck !~t%c:ils 'These governed by the priority system. This Household U.re Only Wells -These types of well permits are issued on section will explore the different types of well permits are issued for tracts of land of 35 acres or more where ground water well permits that are ordinary household uses in one single- the proposed well will be the only well available. family dwelling and do not allow for on the tract, or on tracts of land of less outside water or livestock watering. than 35 acres in limited areas of the E,xemnt Wells Generally, individuals may obtain this state where the surface drainage system There are several types of exempt well type of permit if they own a lot in a is not over-appropriated (see glossary permits whose uses vary depending subdivision that was created prior to term, over-appropriated), or where the upon the situation. Uses are limited June 1, 1972, or the parcel was created well will produce from a deeper source, specifically by the conditions of by an exemption to the subdivision thus having minimal impact on surface approval stated on the permit when it is taws by the local county planning water rights. Depending on under what issued. In most cases, exempt well authority. Use Form GWS-44 in apply- provisions the well permit is issued, the permits limit the pumping rate to no ing for this type of permit. well may be able to serve up to three What Type of Well Permit Can I Get? (cont.) single-family dwellings, irrigate one routinely conducted by the local water well pemvts are for the purpose: of acre or less of lawn and garden, and commissioners who work under the replacing or deepening an existing well. provide water for the individual's direction of the division engineer of the The uses allowed under the original well domestic animals and livestock. Use water division in which the well is transfer over to the new well. In some Form GWS-44 in applying for this type located. Currently, there is no fee areas of the state, replacing the new well of permit. charged for the investigation. Owners or deepening the existing well to a differ- may also register wells used for ent water source (or aquifer), could affect Neither of the two types of wells commercial purposes if the well was the uses allowed on the new well, or the described above can provide water for put to beneficial use prior to May 8, ability to get a new permit for production commercial uses. 1972, and the amount of ground water from a different water source. Use diverted does not exceed one acre-foot Forms GWS-44 or 45, depending on the Commercial Exempt We!!s - These per year (325,850 gallons) for drinking use of the original well, in applying for types of well permits are available for and sanitary purposes inside the home this type of permit. small businesses Located on lots that only. were created prior to Jane 1, 1972, or Geoexchan~5ystems -These types of by an exemption to the subdivision A question frequently asked is, "Does permits are for the constnrction and laws. The use of the well is limited to a the state require landowners to register installation of loop fields in geoexchange commercial business, like a conven- wells that were put to beneficial use systems. A geoexchange system is fence store, and is limited tv the prior to May 8, 1>72 .for exempt defined as a heat pump or heat exchange pumping of one-third acre-foul purposes?" The state cannot require system having a horizontal or vertical (108,600 gallons) of water per year. people to register these wells until the closed-loop portion consisting of pipe The uses of water are restricted to well needs to be redrilled. However, buried in trenches, boreholes, or wells drinking and sanitation facilities inside there are benefits to registering these (ground-source), or submerged in a body a single business. Outside water uses wells. The benefits include making it of water (water-source), in which a heat are not allowed. Weil metering devices faster to obtain approval if the well exchange medium (fluid or vapor) is are required. Examples of commercial needed to be redrilled, or the owner circulated and fully contained within the uses that would not qualify under this intended to sell the land. Most poten- pipe or tubing. The purpose of the closed provision are motels, commercial tial buyers and lending institutions loop is to provide for the transfer of heat kennels, horse-boarding operations, and want assurance that the well on the between the circulating fluid or vapor any commercial business with outside property is usable and registered with and the ground or water. Although these uses. These uses are nun-exempt and a the state. Use Fonn GWS-12 in apply- systems do not appropriate subsurface well permit would not be available in ing to register an existing well. fluids, they do utilise the earth's geother- over-appropriated areas of the state mal properties, therefore, requiring a without augmentation. Use both Forms Monitoring and Observation Wells - permit. Prior to issuance of a permit, the GWS-45 and GWS-57 in applying for These types of well permits are for the applicant must become certified, For this type of permit. construction of a well to be used for the more information regarding the certifica- purpose of locating water, pump or lion and permitting process, refer to the Unregistered Existing; Wells - The aquifer testing, monitoring ground Geothermal Rules. A copy of the rules above types of well permits are avail- water, or collection of water quality can be obtained for a nominal fee from able for any existing unregistered well samples. A monitoring and observa- the Division of Water Resources, or that was put to beneficial use prior to lion well may be converted from an accessed through the website http:// May 8, 1972, serving up to three existing monitoring and observation water.state.ca.us, click on Rules and homes, irrigating home gardens and hole and permitted for the uses as Regulations. Use Form GTC in applying lawns, and watering the user's own stated above, or as a recovery well or a fur certification and Forn GWS-72 for a domestic animals and livestock. The dewateriug system (see discussion on pernit to construct geoexchange system well can be registered for the historic Monitoring and Observation Hole, loop fields. uses if those uses are no greater than Recovery Well, and Dewater•ing those allowed for a domestic and System). A well constructed under a Non-Exempt Wells livestock well permit. Personnel of the monitoring and observation well permit Any type of use other than those Division of Water Resources will may be converted by permit to other described above are usually for non- conduct afield investigation to verify uses. Use Form GWS-46 in applying exempt purposes. In over-appropriated the well's existence, and the historic for this type of permit. areas of the state, new non-exempt wells uses being claimed on the permit must replace any out-of-priority stream application. The investigations are Replacement Wellc -These types of depletions in time, place, amount, and !`-~GE1V0~, ITEM ,PAGE ~ Pale 4 What Type of Well Permit Can I Get? (cont.) quality by having augmentation water would have to be added to the existing depletions from evaporation (refer to available. A plan for augmentation plan, if possible, through a water court Sections 37-90-137(1 l)(a), 37-90- must be approved by the water court to process, or alternatively, anew plan 107, 37-80-120(5), and 37-92-305 prevent injury to senior water right approved by the court. Use Form GWS- (12)(a), CRS, for specific requirements holders by replacing the amount of 44 in applying for this type of permit, regarding gravel pit wells). Colorado water consumed by the non-exempt _ ~ state statutes can be accessed from the uses. Development of plans for ~ _ ~ state of Colorado website http:// augmentation usually require the _ colorado.gov. Use Fvrm GWS-27 in services of a water resource consult- "'t' ' - applying for this type of permit. ing engineer and water attorney (see ~ section of this guide titled, "What is Pnnd Wells -These types of permits an ~Iugmentation Plan? Non- _ _ are for the constnuction of new ponds, exem t well ennits icall llow ` r?''• ' _ or the ennittin of existin onds that P P tYP Y P g 8 P > pumping rates and atutua[ withdra~~ ~f ~ , r -expose ground water. For new pro- als of ground water in excess of those ~ r~• • _ _ •_J_^'~'~ nosed pvnds that will expose ground allowed by exempt well petmit~. ~ ~.~~fi~ •,vater, anon-exempt well permit must New non-exempt wells must b : obtained from the State Engineer located more than 600 feet from any - ~ ~ :prior to construction since the pond other production well not owned by would be considered a well by statutory the applicant unless the State F,ngi- Center PiFOt Irrigation in Paradox I definition. All of the laws governing Weer, after a hearing, finds that cir- the construction and use of wells apply. cumstances in a particular instance Ir. veer-appropriated areas of the state, warrant issuing the permit, or after Ilep/acerr:ent {1'elLs - T}:ese types of~well a plan for augmentation would have to proper notice has been given to other permits are for the purpose of replacing be obtained to replace any out-of= well owners as outlined in the Colvrado or deepening an existing well. The uses priority depletions caused by the pond, State Statutes (see section of this guide allowed under the original well transfer or the pond must be lined to prevent the titled, "If My Propr~sed Non-Exempt over to the new well. In some areas of interception of ground water (see Gruzn~cl Water Well it Within 600 Feet the state, replacing the original well with section of• this guide titled, "Can 1 of an Existing Well, Whar Happens? anew well or deepening the existing Build a Fishpond? " for further discus- well to a different water source (or sion). LJse Form GWS-45 in applying Irrigation, Commercial, Alunicipal, & aquifer) than the original well, could for this type of permit. Industrial -Although nut intended to affect the uses allowed on the new well, be a complete listing, these types of or the ability to get a new permit for Recover; iy dells -These types of well well permits include the more common production from a difference water permits are issued for wells to be used non-exempt type uses. Typical exam- source. Use Fonns GWS-45 and 44, for the purpose of removing contami- pies of these four use categories include depending on the use of the original Hants from, or otherwise remediating, center-pivot crop irrigation systems, well, in applying for this type of permit. ground water. In over-appropriated commercial business operations with areas of the state, a plan for augmen- inside and outside uses, central water Gravel Pit Wells -These types of well tation would be req=aired if the con- distribution systems providing drinking permits are issued for gravel pit sumptive use of ground water for the water to residential subdivisions and operations where ground water is entire recovery project exceeds 1/30 of municipalities, and water used in the exposed. The passage of Senate Bill an acre-foot (10,862 gallons) per year manufacturing of a product. Use Fonn 89-120 by the Colorado Legislature (see Policy Memorandum 94-5 fvr GWS-45 in applying for this type of provided that any gravel pit in operation more detailed inforniation). Use Fonn permit. after December 31, 1980, that exposed GWS-45 in applyine for this type of ground water to the atmosphere, must permit. Subdivision Wtalr with tlu~tinentution replace all out-of-priority depletions of Plans - If a lot was part of a subdivi- ground water. It also required that a well Geotl?er_n~ul Wells -These types of Sion created after June 1, 1972, for pernit be obtained from the State well permits are issued for wells to be most areas of the state, the well uses Engineer for use of the ground water. used for the purpose of exploring for, will be governed by a plan fvr augmen- Existing gravel pits that exposed ground monitoring of, or using geothermal tation and whatever uses the plan water to the atmosphere, but ceased resources, or re-injecting geothermal specifies. Any uses beyond those activity prior to January 1, 1981 are not fluids. For more infornation regarding allowed by the plan for augmentation required to be permitted or replace the permitting and use of this type of ~GEt~DR i c EIS # , , ~ ~ . What Type of Well Permit Can I Get? (cont.) well, refer to the Geothermal Kules. A on the notice. with the rules. An Abandonment copy of the rules can be obtained fora Keport (Form GWS-9) must be submit- nominal fee from the Division of Water Monita•inQ and Observation Holes - ted within sixty days after abandoning Resources, or accessed through the These are temporary holes constructed any test hole that penetrates through a website http://www.water.state.co.us, after proper notice and in accordance confining layer. Use Form GWS-51 click on Rules and Kegulations. Use with the Water Well Construction Rules. when providing Notice of Intent to Form GWS-45 in applying for this type A Well Construction and Test Report Construct this type of structure. of permit and include supplemental (Form GWS-31), referencing the documentation as required by the rules. acknowledged notice number, must be Dewatering YVells -These wells are submitted within sixty days after con- any excavation or other ground pene- Dewatering S stv ems -These types of strutting the hole. A monitoring and tration for temporary dewatering pur- well permits are for a permanent well, observation hole must either be poses exclusively related to construc- drain, sump or other excavation abandoned in accordance with the niles tion projects. A dewatering well may constnucted for the purpose of keeping within one year of construction or be constructed only after proper Notice, the water table below a desired level. converted by pernmit to a monitoring and and must be plugged and abandoned A dewatering system may be converted observation welt, recovery welt, or within one year of being constructed. by permit from a monitoring and dewatering system. If abandoned, a Upon written request for variance, and observation hole, dewatering well, or Well Abandonment Report (Form as warranted by project considerations, recovery well. Use Form GWS-45 in GWS-9) must be submitted within sixty the one-year abandonment requirement applying for this type of permit. days after abandoning the hole. A moni- may be extended. For non-construction toying and observation hole cannot be projects or when long-term dewatering Other Structures converted to a production well other than is required, application can be made for The types of borehole structures a recovery well or a dewatering system. a dewatering system using Form GWS- discussed below can be constructed Use Form GWS-51 when providing 45. Use Form GWS-62 when provid- upon tiling of a proper Notice of Intent Notice of Intent to Construct this type of ing Notice of Intent to Construct this to Construct with the State Engineer's stnteture. type of structure. Office. Notices must be submitted at least three days prior to construction. Test Ihles _jthat penetrate through a For more detailed information regard- Faxed notices are acceptable. The con ming laver) -These holes are any ing any of the above well uses, contact boreliote structures must be constructed excavation or other ground penetration the Denver office, Ground Water within ninety days of the date of notice. for the purpose of geotechnical, Information at 303-866-3587, or one of A separate notice must be provided for geophysical or geologic investigation, or the seven Water Division offices (see each 40-acre quarter/quarter section in collecting soil or rock samples. A test Contact Information on the back of this which a borehole structure will be hole that penetrates through a confining guide). Permit application forms are constnrcted. More thar. one borehole layer must submit proper notice before available from the Denver office and structure can be constructed on the cormstnrction. A test hole shall not Division offices, or from the Division same quarterlquarter section, provided remain open longer than twenty days, of Water Resources' website at the number of boreholes are indicated and must be abandoned in accordance http://www.water.state.co.us. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? How do I Obtain a Water Well Permit Within a Designated Basin? You might be wondering what desig- within the Designated Basins is referred years preceding the date of the first nated basins are and where they are to as designated ground water. Desig- hearing on the proposed designation of located. The Designated Ground Water nated ground water is ground water the basin, and which is within the Basins (or Designated Basins) are those which, in its natural course, is not avail- geographic boundaries of a designated areas of the state established by the able to or required for the fulfillment of ground water basin. Colorado Ground Water Commission decreed surface rights, or ground water in accordance with Section 37-90-106, in areas not adjacent to a continuously Backe>rvunrl CRS. The Designated Basins are lo- flowing natural stream; wherein ground The Colorado Ground Water Commis- cated in the Front Range and in Eastern water withdrawals have constituted the sion (Commission) is a regulatory and Colorado (see Figure 1). Ground water principal water usage for at least 15 an adjudicatory body authorized by the Page 8 How do I Obtain a Water Well Permit Within a Designated Basin? (cont.) General Assembly to manage and We[1 Permitting N'itiain the 1. Determinations of ground water in control designated ground water Designated Basins the Denver Basin bedrock aquifers, resources within the state of Colorado. In the administration of designated Section 37-90-107(7), CRS. 1'he General Assembly has granted the ground water; the Commission has the 2. New well permits, Section 37-90- Comrnission this authority under Title sole authority to grant any new water 107, CRS. 37, Article 90 of the Colorado Revised rights or changes in water rights 3. Replacement well permits, Section Statutes (Ground Water Management involving designated ground water. 37-90-1 l l(I)(c), CRS. Act). This Act further describes the The water courts do not have any 4. Final permits, Section 37-90-108, Commission's formation, organization, approval authority concerning desig- CRS. and duties. Hated ground water. Furthermore, 5. Changes to water rights, Section designated ground water management 37-90-! t I { I)(g), CRS. The Commission consists of twelve districts do not have any permitting 6. Replacement plans, Section 37-90- members, nine of whom are appointed authority within Designated Basins. 107.5, CRS. by the governor and three others who The districts can only provide recorn- consist of the Executive Director of the mendations to the Commission on any For each of the aforementioned activi- Department of Natural Resources given application. For the small ties, the applicant must make applica- (DNR), the Director of the Colorado capacity wells, the districts may adopt tion to the Commission on a form Water Conservation Board (CWCB), rules, in accordance with Section prescribed by the Commission. A and the State Engineer, Director of the 37-90-105(7), CRS, that may affect the filing fee, as listed on the fee schedule Division of Water Resources (DWR). issuance of permits for such wells. on our web page, must accompany each The Commission meets on a quarterly Additionally, after the issuance of well water right sought. For example, each basis every year, in February, May, permits, the districts have their own determination of water right application August and November. The State authority to administer ground water or each well permit within a change of Engineer is the Executive Director of within their boundaries. water right application must have the the Commission who carries out and appropriate filing fee. enforces all decisions, orders and Grvund Water Commission policies of the Commission. Currently, The perrnit.ting activity of the Commis- With new appropriations, the Comnus- the Commission has established eight sior. can be broken down into six Sion must first determine if the applica- designated basins and 13 ground water categories. Each of the following tion can be given favorable considera- management districts within such activities is performed by the State tion. This means that water is available basins. A listing of these basins and Engineer through authority granted him for appropriation, the withdrawal will districts are contained in Table 1 and by the Commission: not cause unreasonable impairn~ert to diagrammed in Figure 1. other vested water rights, and the with- drawal is not unreasonably wasteful, The Commission also considers Table 1 whether the application would be Designated Ground Water Basins and speculative. Once favorable considera- Ground Water Mana ement Districts tion is established, the Commission Desi mated Ground Water Basin Ground Water :Mana ement Districts will publish the application in the county where the water right is being Kiowa-Bijou North Kiowa-Bijou sought. Any objections to applications Southern High Plains Southern High Plains for new water rights are processed in Upper Black Squirrel Creek Upper Black Squirrel Creek accordance with Section 37-90-113, Lost Creek Lost Creek CRS, and the "Rules of Hearings fur Camp Creek Upper Big Sandy Upper Big Sandy All Adjudicatory Hearings Before the Upper Crow Creek C,round Water Commission," 2 CCR Northern High Plains Plains 402-3. For new water rights that are Sand Hills approved by the Commission or have Arikaree successfully completed the hearing Frcnchrnan process, the Commission prepares a Central Yuma County Commission Findings and Order. The ~'i'-Y l-findings and Order would include, East Cheyenne Marks Butte among other items, the average annual amount of water that can be appropri- How do I Obtain a Water Weli Permit Within a Designated Basin? (cont.) Before the Uround Water struct small capacity wells within the Commission," 2 CCR designated basins (Section 37-90-105, ""~'i~ y 402-3. Once the Com- CRS). The ground water management tU~ ~{=t~~-••• mission approves the districts have some authority to direct ~ _ ~ change, or the applicant the State Engineer as to how to issue , ~t _ successfully completes small capacity wells within their i ,L the hearing process, the respective district through properly ' Commission will again adopted rules (Section 37-90-105(7), ~ ~ ` I issue a Findings and CRS). NOIUkVIi {~.i(K a,~„ Order authorizing said ~ change. The Findings Sma11 capacity well permits are issued Qen'" and Order would include, pursuant to statute. These wells are " among other items, the intended to be small use wells for average annual amount residences (maximum three single- N of'water that can be with- family), livestock and small commer- drawn, the location of cial operations. These wells are limited P use, the proposed benefi- to no more than one acre of lawn and cial uses, and any other garden irrigation. conditions the Commis- • Sion deems necessary to Application is made to the State assure that no material Engineer with the appropriate filing injury will occur to other fce. The State Engineer reviews the water rights. application according to statute and Fgure 1, properly adopted district rules. If the Designated Ground Water Basins and As aforementioned, the application satisfies the statutory Ground Water Management Districts Commission has the requirements and district rules, a permit authority to conduct is issued to construct a well. This type adjudicatory hearings and of application does not require a these decisions are sub- publication or a final permit. ated, the location of use, the proposed jest to judicial review. These hearings beneficial uses and any other condi- by the Commission and judicial review If an applicant or other party is lions the Cormission deems necessary of such decisions are controlled by the aggrieved by a decision of the State to assure no unreasonable impairment provisions in Sections 37-90-113 Engineer (including the issuance or to vested water rights. through 37-90-1 I5, CRS. Currently, denial of a well permit application), a the Commission has delegated to its hearing is conducted before the State With changes in water rights, the hearing officer the review of facts, con- Engineer pursuant to the Administra- Commission can publish the appIica- elusions of law, and initial decisions of five Procedures Act (Section 24-4-t06, lion without review. However, the the Commission concerning designated CRS). Commission cannot grant any change ground water. This delegation . . that would materially injure another relieves the Commission from initial . , . - _ ~L: vested water right. As a result, the hearing procedures and decisions. ~ • ~ - Commission reviews change of water The Commission may hear or a'-= - ,ws_~ - right applications before publication, review protests to the hearing offi- ~ and either continues with publication cer's decisions and acts as final ~ ~ ~ E r:.~ because no material in'u is evident administrative authori If a con- ' - t " - - J rl' h'• .,.4:-µs.; - or denies the application. If the testing party is still unsatisfied, this r--~ _ ?••K~ ~ - Cornmission continues with the publi- party may appeal the Commission's ii~ cation, the publication is in the county decision to district court in the - .,~t ~I where the change is being sought, county where the water right is ~ Again, any objections to applications located. f for changes in water rights are proc- fit. essed in accordance with Section State Lnrineer poinsettia farm in the Upper 131ack 37-90-113, CRS, and the "Rules of Only the State Engineer has the Hearings for All Adjudicatory hearings authority to grant perrnits to con- Squirrel Designated Basin Pag• 8 Are Your Well Permits Still Valid? The expiration dale of a permit depends Beneficial lase filed within three T:7e well must be drilled prior to the on the statute under which the pemtit years from the date of issuance of expiration date of the permit. was issued and on the status of the the permit. For information on filing • The pump can be installed and the well. Generally, on recently issued late Statements of Beneficial Use, well used at any time if the well was well permits, the applicable statute is contact Ground Water Information or timely constructed. cited in the permit conditions in the one of the seven Water Division After the above-zeferenced criteria have well permit. The pemtit expiration date offices (see Contact Information on been met, the pemtit will not expire. appears in the lower right hand comer the back of this guide). (Note: For permits issued under of the welt permit. The timelines and • For perntits issued under Section 37- Sections 37-92-602 and 37-90-105, specific requirements for different 90-107(7}, CRS, the pump can be CRS, the permit expiration date can be types of wells are: installed and the well used at any extended for• additional one-year time after well completion. The well periods upon receipt of a written Sections 37-90-137, 37-9U-107, and owner must file a Notice of Com- request and showing gfgood cause.) 37-9U-107(7}, CRS, Permits - .~'on- mencement oi' Beneficial Use within Exempt Wells and Large Capacity 30 days of use of the well Extensions Wells (permits issued for one year): After the above-referenced criteria have Requests for extensions must be • For permits issued under the sections been met, the permit will not expire. received in our office prior to the referenced above, the well must be drilled prior to the expiration date of [Note: For permits issued under Ser- expiration date of the permit. Requests tionr 37-90-137, 37-90-107, and 37-90- may be faxed, with the original and any the permit. 107(7), CRS, the permit expiration date required fees to follow within a few • For perntits issued under Section 37- can be extended one time .ror ore year days. If the expiration date has passed, 90-137, CRS, the State F.nginecr's maximum, upon receipt of a written we cannot grant an extension. Ilow- Office must receive evidence that the request, a showing of good cause, and ever, if the well owner has complied well was constructed and pump the appropriate frling fee. with the provision of the law, except installed prior to the expiration date that they failed to file the necessary of the permit. For permits issued Sections 37-92-602 and 37-90-105, forms in a timely manrtcr, they should under Section 37-90-107, CRS, the CRS, Permits -Exempt Wells and file a request for acceptance of the pump must be installed, water put to Small Capacity Wells (permits issued forms in accordance with the above beneficial use, and a Statement of for two years): referenced sections. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Residential Wells and Subdivisions On May 5, 1972, legislation was applications which are located in subdi- for water supply reports, while Section enacted which mandated that counties visions approved on or after June 1, 30-28-136 describes the review proc- adopt subdivision regulations requiring 1972, far which the water supply plan ess. These statutes may be viewed at developers to provide data, studies, and has aot been approved by the State the state of Colorado website under the analyses for their proposed subdivision Engineer, the cumulative effect of all government Links. For new subdivi- of land. The studies were to include, such wells in the subdivision shall be sions in over-appropriated areas, a plan among other items, adequate evidence considered in determining material for augmentation, approved by the that a water supply was available and injury. The teen subdivision is defined water court, or a replacement plan that the quality, quantity, and depend- in Section 30-28-101, CRS, and does approved by the Colorado Ground ability was sufficient. in turn, the State not apply to any division.of land, which Water Commission for areas within the Engineer was required to review the creates parcels equal to or greater than Designated Basins, is required before water supply information and issue an 35 acres. he Division of Water residential well permits can be granted. opinion regarding injury to other vested Resources reviews water supply reports water rights and the adequacy of the for new subdivisions upon referral from Wher. applying for a permit to con- water supply. the county as required by Section struct a residential well on a parcel of 30-28-13ti(h), CRS. A water supply less than 35 acres, the application may Under Sections 37-92-602(3)(b)(III) report is required for all subdivision need to he supplemented with addi- and 37-90-105(3)(c), CRS, in evaluat- proposals. Section 30-28-133(3)(d), tional information concerning the tract ing residential household well permit CRS, describes the basic requirements of land on which the well will be ~~~~%A ~T~1~ , PACE g~ Residential Wells and Subdivisions (cont.) located. "Phis informatior, is necessary block, filing number, and subdivi- quarter corner so the parcel can be for the evaluation of the application. if sion name. While our records located on a USGS quadrangle map the proposed location of the well will be reflect when many recorded subdivi- (scale of 1" - 2000'), or other Divi- in an over-appropriated stream system, sions were platted, if this office has sion of Water Resources mapping or in a Designated Ground Water Basin, no information on the subdivision, or tools. If the legal description is too additional information detailing the incomplete. information, then infor- lengthy to fit on the application form, legal description of the tract, and when mation verifying the creation date of then the description should be sub- or how that tract was created, is the subdivision must be submitted miffed on a separate sheet and refer- typically required. A current deed for before the application can be enced in the application. The parcel the subject property on which a well evaluated. size indicated on the application pem~it is being sought must accompany 2. If the parcel was created prior to should agree with the area identified the applicador. to provide proof of June 1, 1972, but is not in a subdivi- by the legal description. ownership. The following inforn~ation sion, then a copy of a recorded deed, 3. If the parcel was created by an ' is intended to aid in preparing and a county approved plat map, or other exemption from the definition of a canpleting a well permit application of document with a legible date show- subdivision, then a copy of one or this type. ing that such action occarred prior to more of the following must be sub- June I, 1972, must be submitted. milted: (a) the signed and dated Application made pursuant to Sections The documentation must contain a County Commissioner's Resolution ' 37-92-602 or 37-90-105, CRS, for metes and bounds legal description concerning the exempted tract; or residential use: that specifically identifies the subject (b) a copy of the county survey plat, 1. If the parcel is in a platted subdivi- parcel. The legal description must referencing approval of the recorded sion, make sure to specify the lot, include a tie to a section corner or exemption. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Purchasing Property with a Well or Surface Water Rights: What to Ask and Where to Get Additional Information Purchasing property usually involves a all well pemmit files. files usually con- Contact Ground Water Information of substantial financial investment and twin useful information about the well. the Denver office at 303-866-3587, long-term commitment. Prior to To find the appropriate file, try to Monday through Friday, from 9:00 making a purchase, the more obtain the well permit number, or at a a.m. to 4:00 p.m., to inquire as to well information you can obtain about any minimum, the section, township, and use restrictions. water resources connected with the range location of the well and the name property, the better aff you wilt be in of the party that may have obtained the !t/ell ~~umuin~ rates -Ask the seller or the long nrn. well permit. Next, to obtain copies of realtor what the current pumping rate files, contact the Records Section of of the well is. Well pumping rates are Indi:~idual on-lot wells - If there is a this office at 303-866-3447, Monday measured in gallons per minute. Prior residence on the property, find out if it through Friday, between the hours of to purchasing the property, consider is served by an individual on-lot. well or 10:00 a.m. to 3:30 p.m., or visit the having a well pump test done by a central water supply system. If served Denver office. (Note: The Records qualified party, such as a Colorado by a well, ask questions about the well. Section is closed the last Friday of each licensed pump installer or water well How old is it'? Is it registered with the month.) Find out what the water use driller. A current listing of pump Division of Water Resources'? if it was restrictions are. Water uses are installers and drillers, arranged alpha- put to use prior to May 8, 1972, it may restricted by Colorado state statutes, betically by city, is available on our or may not be registered (refer to the well permit conditions of approval, website at http://www.tivater.stale.co.us. discussion on Unregi.cter~ed F.xistin~ county regulations, and subdivision Low-yield wells may be able to supply Wells under the section titled, "lhhat covenants. Don't fall into the trap, as a sufficient quantity of water for the Type of Well Permit Can 1 Get? many have when purchasing property, intended purpose if used in conjunction Any production well used for residen- of envisioning your own little paradise, with properly sized storage tanks and tial and/or livestock watering purposes, complete with borne, lawns, gardens controlled pumping systems. There that was constructed after May 8, 1972, and horses, only to find out that the will be some water storage in the well should have a pem~it file on it. The well use restrictions limit the use of itself. For every foot of water in a Division of Water Resources maintains ground water to in-house uses only. typical residential well with afour-inch Pages 10 Purchasing Property with a Well or Surface Water Rights (cont.) diameter casing, there are 0.66 of a tally to the nearest source of contami- is to promulgate rules and regulations gallon of water in storage. You can do pants or 50 feet from a septic tank, under which contractors must. operate. a quick assessment of daily water needs sewer line or other vessel containing The latest revision to the Water Well for in-house uses only. A rule of contaminants, unless a variance to this Construction Rules became a#fective thumb is to allow 75 gallons per person nrle is granted by the Roard of F.xarnin- on January 1, 2005. A copy of these per day. Therefore, a family of four ers of Water Well Construction and rules is available from this office for a will require approximately 300 gallons Pump Installation Contractors. State, nominal fee, or can be accessed from per day for in-house uses. Again, a county, municipal or Local government our website. In general, the well qualified well tester could be helpful in regulations must be complied with if should be constructed with watertight properly assessing the well's capabifi- more stringent than the Board of Exam- steel surface casing and joints installed ties and providing recommendations iners' Water Well Construction Rules. from a minimum of one foot above, to regarding aloes-yield well situation. Are there any existing abandoned wells a minimum of nineteen feet below on the property that are open and not ground level. The space between the Well ~.vater quality, public Izealth and plugged? 'try talking to neighboring borehole wall and the surface casing su c<t -Ask about the current water property owners who are on well water should be grouted in accordance with quality. Prior to purchasing the prop- and get their continents on water qual- the Water Well Construction Rules to erty, consider having the well water ity. Ask if they know the depths of prevent contaminants from entering tested by astate-certified laboratory. their wells and compare it with that of the borehole. If you have questions or The Water Quality Control Division of the well you are assessing. 'their concerns regarding well corrstntction, the Colorado Department of Public comments and experiences can be a you should contact staff of the Board Health and Environment can be con- helpful source of information. by telephone at 303-866-3581, or in tacted at 303-692-3500, and can writing addressed to: Board of Exam- provide a listing of state-certified ~ ~ iners of Water Well Construction and laboratories in Colorado. Information Pump Installation Contractors, Colo- may also be accessed from their web- 1~ ~ ~ rado Division of Water Resources, site at http://www.cdphe..rtate.co.us/H y,' ~ y 1313 Shemlan Street, Room 818, wghvm.asp. You can also contact the Denver, CO 80203. An additional County Health Department of the f source of general information about county that the well is located in. water well construction is a pamphlet . - Some counties can perform a bacterio- ~yt:"'~ , by the American Ground Water Trust logicat/coliform test for water potabil- r~'a~ in cooperation with the Colorado . ity. The Division of Water Resources ~ _ ~ _ Water Wcll Contractors Association b,~; _ does not do any water quality testing. , ;",T ` • titled, "What Cvloradoarzs Need to Do an on-site visual inspection of the ~ ~ : " ' Know About Water Well Construc- well and property you are thinking of t lion." Contact the Colorado Water purchasing. Is the well physically ~ _ ~ _ , y,: Well Contractors Association to obtain Located on the property? Does the loca- ~ ~ ~ - a copy of this pamphlet. Their website lion of the well allow for easy access address is: http://www.cwwca.org. for repair and maintenance? Does the well appear to be in a sanitary condi- I Fell eonetruotion near Northglenn I Well ownership trans/er - Each time lion? Is the ground surface around the the ownership or mailing address of a well head sloped such that there would 6YEr1! construcrion - l hip office cur- permitted well changes, a "Change in be positive surface drainage away from rently has an inspection program in Ownership/Address" form (GWS-11) it? Is the well casing visibly sticking place for well construction. While must be submitted to this office. No up above the ground surface, and is inspections are not done for every well fee is required. The form can be there aweather-tight sea[ on top of the constructed, random inspections are downloaded from our website at casing? Does the visible well casing done throughout the state to ensure hnp://www.watcr.state.co.us, or may appear to be made of steel? How far compliance with the Water Well Con- be obtained free of charge from the away is the wellhead from any known sttuction Rules. Water well drilling Denver office or any one of our seven contamination sources, such as septic contractors must be licensed and division offices (see Contact hzforma- tank and leach field disposal systems? bonded. "j he contractor is licensed by tiozz, on the back of this guide). The cun-eut Water Well Construction the Hoard of Examiners of Water Welt Rules require that a well shall not be Constriction and Pump Installation Cezth•al Water Supply Systems - If located closer than 100 feet horizon- Contractors. One function of the Board purchasing property that is served by a AGEf~~~ I ~ ~M # 1 ; . ~~~E O 7 Purchasing Property with a Well or Surface Water Rights (cont.) central water supply system, find out water rights could be lrom rivers and wafer rights. Ask to see any contrac- what you can about the system and the streams, reservoirs, transmountain htal agreement with a ditch company or supplier. Is the water supply from waters, or other wells. The water could supplier, or stock certificates of owner- centrai wells or treated surface water be conveyed to the property by direct ship of shares of water. Sometimes supplies, such as a reservoir? Who is pumping from the river or stream, but there is information on the property responsible for operation and mainte- more typically, conveyance is by way deed regarding water rights, or on a nance of the system? Consider contact- of a ditch or lateral, canal or possibly special water rights deed. If there is a ing the water supplier and asking about through a pipeline. A commonly court decree involved, obtain a copy of the reliability of the system, and the fee decreed use of this water is for irriga- the decree. This office maintains a structure. Ask what water uses are lion purposes. Issues sometimes arise database of water rights that are allowed. You may be able to obtain over a shareholder's inability to receive decreed through the water courts. water quality information as well. A water due to the actions of other share- Copies can be acquired for a nominal good source of contact infonnatiou for holders further up the ditch or lateral. fee. 'T'his database can be searched by water suppliers is the Colorado Water Often, this office will receive calls location (quarter/quarter and quarter Congress. Their telephone number and from such water users seeking resole- section, section number, township and website are 303-837-0812 and http:// lion to these problems. range) to see if any water right exists at tvww.cowatercongres,c.org. Addition- a specified location. Additionally, an ally, there is an alphabetical listing of While the Division of Water Resources online water rights database can be water districts for the Denvec Metro- is charged with the responsibility of accessed from our website at htlp:// politan area under the Special Districts administering water rights and for the wwrv.water•.state.co.us. Due to the section of the city government white distribution of surface water within the potential complexity of water rights pages phonebook. Lastly, the Depart- state, that distribution authority stops at acquisition, when contemplating the meat of Local Affairs (DOLA) has the headgate of the main ditch where it purchase of property with water rights online information regarding Data, diverts from the river or stream. We do associated with it, it may be advisable Infor,-nation and Publications at http:// not administer surface water beyond to seek legal assistance from an attor- wrvHadola.state.co. us/DataEtc.htm. the headgate. That becomes the hey knowledgeable in water rights. responsibility of the individual ditch For additional information regarding Other water riffs - In addition to an companies or private shareholders. the subject of water rights, refer to individual on-lot residential use well or IIowever, this office will assist where other sections of this guide titled, central water supply system, the possible in a resolution by providing "Water Rights in Colorado, " "Hntiv Uo property you have purchased or may information or offering suggestions. ! Obtain a Wuter Right?, " "What is an purchase might have water rights also- As a potential property purchaser, you Augmentation Plan?, " and '`Carr I dated with it. The source of these can verify a seller's claims to having Build A Fishpond? " ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? If My Proposed Non-Exempt Ground Water Well is Within 600 Feet of an Existing Well, What Happens? If the 600-foot spacing rule applies to adversely impact their own existing llivisior. office personnel :nay verify this well, the application is returned to well, and that they are waiving any this listing. The well pern~it evaluation the applicant and they are given the objection to the issuance of a permit for staff will notify all owners of existing option to obtain a consent forth or the subject well. wells by certified mail of the pending request a hearing. Consent must be application, and request a response from obtained from all owners of existing If consent forms cannot be obtained them. If no response is received within wells within 60U feet of the proposed from all owners of existing wells, or if a the time set forth in the notice, a hearing well location. An example of an hearing is requested, the request should is not required. If any response is re- acceptable consent form is available be anade in writing to the Division of ceived in a timely matu~er, ti`re well per- from the Division of Water Resources, Water Resources. T'he request should mit evaluation staff will request that the but other forms may also be accepted. include a listing of the names, mailing hearing officer assigned by the State The well owner signing such a consent addresses, and permit numbers (if Engineer proceed to set a hearing schcd- forrn should understand that the use of known) of all owners of existing wells ule. AI[ owners with wells within 60U the proposed well could injure or within 600 feet of the subject well. feet who have responded to the notice Pa~(e 12 If My Proposed Non-Exempt Ground Water Well is Within 600 Feet of an Existing Well, What Happens? (cont.) will be notified of the hearing date ar.d court that the applicant has given notice can attend and be a party to the action. ,~hqy'~ ~ v£ the water court application at least The applicant must come to the hear- 'y' ` I ten days before making the application _ ing prepared to present testimony that ~ - .t~~-;~, .~!•1~,' : • _ , by registered or certified mail, return ' their well will not cause material injury - ~ S' N' ~ ~ ~ ~ receipt requested, to the owners of to existing wells within 600 fi'eet - 1v,4~ _ r~~, record of all wells within 600 feet of the Legal counsel may represent the appli- _ proposed well. cant if they so choose. If the proposed well is part of a water court proceeding _ " . ' The hearing requirement shall not apply r-' granting a water right for the well a to wells located less than 600 feet from plan for augmentation, or a change o1 ~ existing wells if the proposed well will water right, no hearing by the St~itc ~ serve an individual residential site and Irrigation well in the Arkt?nsas Engineer shall be required. However, thz proposed pumping rate will not evidence must be provided to the water Iirver I3asrn exceed fifteen gallons per minute. ? ? ? ? ? ? ? o ? ? ? What is an Augmentation Plan? If you arc considering using wells to "senior" (or earlier in time) to your stream and the remainder of the stream provide water for lawn and garden water right. When a shortage occurs; system. uses, domestic animals, a subdivision, senior water rights may place a "call" or another project, you should be for water, which may result in junior F~'or an example of an augmentation aware that in some areas of Colorado water rights being ordered to stop plan, assume that you want wells in a you tnay be unable to get a well permit some or all water use so the seniors proposed subdivision where there are without an augmentation plan. An can receive their water. Simply put, senior water rights on a nearby stream. augmentation plan is acourt-approved augmentation is a method to allow you An augmentation plan must be plan, which is designed to protect to use your well, the junior water right, designed to put water in the stream to existing water rights by replacing when a call has been placed, without prevent reductions in streamflow, water used in a new project. Augmen- reducing water available to senior caused by pumping your wells, from ration plans are usually required in water rights. affecting senior water rights. 'f his areas where there is a shortage of water allows the junior water right to keep during part or all of the year. To You may be wondering how it is possi- pumping water when a "call" is placed. determine whether or not you need an ble for wells to affect other water 'I'o obtain approval of an augmentation augmentation plan, you should consult rights. T'o answer this question, we plan, you must make an application to with the Division of Water Resources need to look at how ground water and the water court, which is often office responsible for adtninistering surface water interact. Water experts prepared by an attorney. The applica- water in the area in which your project have known for some time that ground tion must explain exactly where the will be located. water and surface water are usually water will be obtained, where water is connected. The connection is through to Ue used, what it will be used for, Some basics of water administration small openings between grains of sand, how much will be used, what the will help in explaining what an aug- gravel, and even in some rocks, that source of augmentation water is, when mentation plan is and what it is allows water to move through the and where augmentation water will be intended to accomplish. As someone ground fo and from streams. This is required, how much augmentation contemplating providing water fora most evident in springs where water water is required, and 'now the new project, you are considered a new can be seen seeping yr flowing from augmentation plan will be operated. waver user. Your water right will be the sides of hills or road cuts. The The application should be supported by `junior" (or later in time) to certain result of this connection is that an engineering analysis, usually pre- other water rights, which have priority pumping a well will eventually cause pared by a water resources engineer, over your rue by virtue of past use of some reduction in the amount of water which shows how the water needs of water and confirmation of this use by in nearby streams. This reduction in the project were determined aad how the water court. The priority protects streamflow can affect the amount of the new water use can occur without these water rights which are, therefore, water available to water rights on that affecting senior water rights. What is an Augmentation Plan? (cont.) You may contact the water courts in resource engineers may be found under Water attorneys; engineers and their respective divisions to obtain Engineers-Water Supply. division persomiel may be able to information regarding the filing of provide some suggestions. Due to applications with the court. Water Unfortunately, there is uo comprehen- legal constraints, personnel from this attorneys may be found in the yellow slue information available concerning office cannot act as your engineer or pages under Attorneys-Water. Water sources or cost of augmentation water. attorney. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? What Can I Do With That Spring On My Property? What is a spring'? Although the Colo- which would then be subject to rights are satisfied. Anew water right • rado state statutes do not specifically administration in the priority system for a developed spring would he so define a spring, a hydrologic definition with all other water rights. junior, that on an over-appropriated is "a discharge of ground water on the drainage system, there may be few or surface in sufficient quantities so as to Tf the spring development fails to meet no times of the year when water could produce a current of flowing water." the above conditions, it rnust be consid- be beneficially used from the spring- It This office receives many calls regard- ered a well, which withdraws ground might seem then that it would be ing springs. The typical caller states water, and all of the ~ most advantageous to call the that there is a flowing spring located laws associated with a - fir" b~'`'°;;,~'~~'.;'' 3; ~ stntcture a well, but that is not on their property, and they would like well apply. If the ~ ~;y • r~ necessarily true. A potential ~6. ,F to know if they could develop it and spring development ~ • A',?i,~•.- _ ° problem is that if there is put the water to some beneficial use. does meet the above ~ . already a wall on the One issue that quickly arises is conditions, it is not property, you may not be able whether or not the s rin is actuall a mandato that it be to obtain a er-mit to ermit well. A well is defined by statute as, considered a spring `the spring as a well. Further- ' _ "...any structure or device used for the subject to admiristra- „r, - ;.'~->y+` more, even if there was no purpose or with the effect of obtaining lion in priority. It is - ~ •~~•.Y , - ~ ~ existing well on the property ground water for beneficial use from the owner's option to ~ rnd you were able to obtain a an aquifer." A change in the law in either adjudicate the '~:j:- '`s permit, in many areas of the 1995 provided an exception to the structure as a spring or ~ Mate, the use of the water definition of a well fox certain limited permit it as a well. if ' ' - _ ~ ~ would be limited to in-house excavated spring developments of permitted as a well, the N ~ - 'use only if the well were to be natural springs. If the spring develop- owner must comply I sP~B near Rnrrna Vista (the only well on less than 35 ment meets the following conditions, it with the requirements acres. Additionally, use of a is excluded from requiring a well of the Water Well Construction Rules shallow spring well as a water source permit or compliance with the Water regarding well construction and for a residential dwelling raises Well Construction Rules: variances thereto- questions about the quality of the water and the dependability of the supply. I. the structure or device used to Most of the state's natural surface capture or concentrate the natural drainage systems are over-appropriated Due to the various possibilities regard- spring discharge must be located at by senior vested water rights. In ing spring development, each situation or within 50 feet of such spring; simplistic terms, that means that there must be independently evaluated. 2. the structure or device used to are more decreed water rights claims on Therefore, we suggest you contact capture or concentrate the natural the system than can be satisfied by the Ground Water lnformation of this spring discharge must be no more physical amount of water available. office, at 303-866-3587, Monday than ten feet below ground surface; Therefore, under the priority system through Friday, from 9:00 a.m. to 4:00 and ("first in time, first in right"), when the p.m., or the appropriate division office, 3. the owner must adjudicate (obtain a most senior rights are making a call for for more specific information regard- water right through the water court) water, the most junior rights have to ing spring development (see Contact the structure or device as a spring, curtail diverting until the calling senior Information on the back of this guide). Page 14 ' ~ + Can I Build a Fishpond? You may be thinking how nice it on t;tc system than car. be satistied by Water Information of this office at would be to have a little scenic pond the physical amount of water available. 303-866-3:187 for clariftcation. stocked with a few fish on your Therefore, under the priority system property, and may be wondering how ("first in time, first in tight"), when the Impounding water above the natural difficult this would be to accomplish. most senior rights are making a call for ground surface -The property owner It would be simple enough to get a water, the most junior rights have to who wants to excavate a small pond backhoc on the land, and excavate a curtail diverting tmtil the calling senior may be thinking that the excavated depression in the ground, suitable for rights are satisfied. Anew storage material could easily be mounded up to holding water. Surely creating a little right. would be so junior, that in an form a dam with the intent to impound pond couldn't be much of a problem! over-appropriated drainage system, water behind it. [mpounding of water However, the following issues can 1 above the natural ground surface arise and must be addressed. ~ constitutes the creation of a dam, _ ~ ~ and opens up a whole new array of Exposing Around water - When Ly' issues. There are specific statutes excavating for a pond, there is the _ ~ . ~ ~ ~ , that address the construction of possibility of exposing ground ~ :a _ ~ j urisdictional and non- water, especially in areas with a - ~ } - jurisdictional dams, livestock shallow water table. If this occurs, ~ ~ water tanks, and erosion control - - by statutory definition, a well has ~ ~ r - _ dams. Por more information on been constructed. A well permit • '•1`'rr'I~' ~ ~ this subject, please refer to the from the State Engineer would be ~ , r - website of the Division of Water required, and all of the laws associ- - ~ . - t ~ Resources' Dam Safety Branch at aced with weal construction and ~ - ~ • http://www.water.state.co.us/ ground water use apply (see section _ : _ darnsafery/dams.aap or contact the titled, "Glossary of Terms " fora ' .L,w'~r branch b y t e l e p h o n e a t definition of Wc>!l in this guide). 1f PontiinWetMonntaiinValley 303-866-3581. the pond is in an over-appropriated area of the state, a permit would not be there may be few or no times of the In surnrnary, there are a number of issued unless the pond well was year when water could be legally issues that must be addressed with operated pursuant to acourt-approved diverted in priority into the pond. To regard to building a fishpond. There- plan for augmentation, to offset all overcome this problem, a court- fore, it is imperative that these issues depletions caused by evaporative approved plan for augmentation would are addressed prior to construction. losses of water from the pond, as well be required. Ponds built on stream Ponds that are out of compliance with as any other consumptive uses of water channels in over-appropriated areas state statutes and rules and regulations (see section of this guide titled, "What must be capable of passing all incom- are subject to orders being issued by is an Augmentation Plan" for more ing flows, having their water levels the State Engineer to drain the pond or information on plans for augmenta- regulated, and of being completely other measures taken to bring the lion). Developing plans for augmenta- drainable. if the pond is determined to struchire into compliance with state lion can be difficult and costly, and be a well, a storage right cannot be law. will normally require the services of a granted. If a pond is lined and the, water resource consultin en ineer and liner is a roved b the State l;n ~r ~ ~ ~ i d ~ r g g Pp Y b ! ~ ,r ..l ~ , ~ . water attorney, Weer, the pond would be allowed to .v~'~i,~ r~1~y ~ r' ' ~ ~ store water and obtain a water right y'~~,, ; t~~/~1 1~/r~" Storage rights - In order to store water P ~7y'•;1~ ~ ~j~~ + v> '°,tirc; in a pond, a water storage right must be f•illr,a~pondt~ with ground water ~ J1 > > ; ~ • ~ h,,, s' obtained from the water court {see sec- 1~ ifling a pond from a well is not ~ • ~,~„~z~ ~,r ` - tions of this guide titled, "Water Righta• allowed unless the approved uses of ti~ ' ~ ~a , ~ in Colorado" and "How do 1 Obtain u the well specifically allow this use. 1! Water Right?" for more information). Most wells cannot lawfully be used , _ M• , Most of the state's natural surface for pond filling. The well permit _ ~y? . drainage systems are over-appropriated should be referred to for specific ~,1, by senior vested water rights. In uses allowed. If there is any goes- ~ : _ simplistic terns, this means that there lion as to the allowed uses from a Backyardfiehpond are more decreed water rights claims well, you should contact Ground t Water Rights in Colorado Water rights in Colorado are unique of water. When the stream is carrying 185U's, and most of the stream systems compared to parts of the eastern United five cfs of water or more, all of the have been over-appropriated, meaning States. The use of water in this state rights on this stream can be fulfilled. that at some or all times of the year, a and other western states is governed by However, when the stream is carrying call for water by a senior appropriator what is known as the prior appropria- only three cfs of water, priority number is not being satisfied since the 189U's. tion system. This system of water three will not receive any water, with The example above does, however, allocation controls who uses how much priority number two receiving only half describe the basic theory behind the water, the types of uses allowed, and of their right. Priority number one will system. when those waters can be used. receive their full amount of two cfs under this scenario. This process of How does this affect you? Practically A simplified way to explain this sys- allocating water to various water users speaking, it means that in most river tern is often referred to as the priority is traditionally referred to as water drainages, a person cannot obtain an system or "first in lime, first in right." rights administration, and is the respon- underground water right or non-exempt An appropriation is made when an sibility of the Division of Water well without a plan 1'or augmentation individual physically takes water from Resources. that replaces the depletions associated a stream or well (when legally avail- with that diversion. Surface water able) and puts that water to some type ` l~ appropriations may still be allowed if of beneficial use. The first person to they can he physically shut off when a appropriate water and apply that water senior water right is calling for water. to use has the first right to that water - ~ Domestic surface water rights (ditches within a particular stream system. This - or pipelines), that do not have augmer,- person, after receiving a court decree tation or sources of water replacement, verifying their priority status, then be- ~ - - - ~ arc discouraged in over-appropriated comes the senior water right holder ~ :~4~ - basins. To do so would place the rights and that water right must be satisfied ~ _ of existing water users on a stream before any other water rights are filled. - ~ ~~r' _ ~ system in competition with new hous- ~ : ' ~ ~ _ ~ ing developments that need a reliable For example, three water users exist on _ source of water to meet their daily a stream system with adjudicated I Diversion 6ttvcstnre on CryettrJ Creek household needs. For the most part, (court approved) water rights totaling only small residential and livestock five cfs (cubic feet per second). The wells are exempt from water rights user with the earliest priority date has a Of course, the appropriation system is administration that meet strict criteria decree for two cfs, the second priority much more complicated than this. set forth by the legislature and are has a right for two cfs, and the third Some priorities on major stream allowed to be drilled without providing priority right has a decree for one efs systems in Colorado date back to the for protection to senior water rights. How Do I Obtain a Water Right? In Colorado, the process for obtaining a water right is the diversion point, or filing for a well permit application can complex, oftentimes requiring a water lawyer and/or water be considered sufficient physical notice of the intent to resource engineer to assist in the process. This guideline is appropriate. provided to give you a general idea of the process. It is not intended to replace professional Legal or engineering advice. After this has been accomplished, it is advised to file a water in most cases, it is recommended that you seek the assistance right application with the water court in the river basin in of an attorney, which the diversion or proposed diversion exists to verify your place in line within the priority system. Forms for water In order to initiate an appropriation in Colorado, the user rights applications can be obtained from Bradford Publishing, must first show an intent to divert water, put the water to located in Denver, from the specific water court, or from the beneficial use, and demonstrate the intent to divert in an open, website hup;//www.courts.state.co.us. The fees for filing physical manner. The physical act must be sufficient to put applications or opposition in the court are: other parties on notice. Oftentimes, field surveys, posting at ~~CF~~A !`~Ef~ # ~ ,PACE Pale 18 How Do I Obtain a Water Right? (cont.) Application for surface water right .............................5156.00 oppose your application, and so on. Application for ground water right $156.00 Application for change in water right .........................$3 f ] .00 The Division Engineer of the water division in which the Application for approval of plan for augmentation.....$31 I.00 court application was filed will review the application. The Protest to Referee's Ruling (if not already party) .........$70.00 Division Engineer will have staff perform a field investiga- Statement of Opposition ...............................................$90.00 lion to verify the claims made on the application. These investigations are routinely conducted by the local water The water courts are District Courts that hear matters related commissioners who work under the direction of the Division solely to water. The Colorado Supreme Court appoint, the L•'ngincer. Upon completion of the investigation, the Division water judges for each of these courts. Engineer will submit a written consultation to the water court ~ stating his or her recommendations on the Upon filing your applicati~~n application. with a court, it is thin ; ..°~•~t ' published in a monthly resume. ` r ~ Assuming there is no opposition to your Your application will also to 1',i, ~`•u',c~ _ application, the matter usually goes before the noticed in local newspapcr~ x ~ M , ~ 4' water referee. The water referee is an deemed proper for legal publi ; ~~~s•,.h"r a ~ ~ ~,~,r~,fY,~;;,, employee of the court that rules on most of cation. Each court varic~ . ; , ~ the cases prior to final review by a water somewhat in the publication x~r~~~ ' ~ ~ lodge. After the referee has reviewed your rocedures and, in man; , ~ ~ ~ application asked for further information and p - > , instances, you will have t~ ~ ~ ~ ]arification from ou a ~ s . ~ , Y, c y nd received aconsul- write your own legal notic~° 'i• _ ' ° : tstion from the Division Engineer as to his or and will be billed for any and ; ~ ~ ~ , > her recommendations on the application, the all publication costs. You ~ - - - - referee will issue what is known as a ruling. should contact the water court I Water Rights Arlrniniatration on EaBt River I If any party disagrees with the decision, they clerk prior to filing to obtain may file a protest to the refexee's ruling. If no specific information as to publication procedures (see Cnrttuct protest is tiled, the matter goes to the judge and he/she signs Information on the back of this guide). the ruling, making it a decree of the court. Once the application is filed and published in the newspapers If the matter is protested, the case may go before the water and resurnc, parties who may have concerns regarding your judge for trial unless the parties can reach agreement orr any application have two months to oppose the application and contested issues. If the case goes to trial, the judge will set file a statement of opposition with the water court. For the matter for hearing and decide whether or not the applica- example, if your application is received by the water court lion should be granted. Should any party participating in the any time between April 1 and April 30, the resume listing case be dissatisfied with the judge's ruling, they can then your application will be published during May and parties appeal directly to the Colorado Supreme Court. The total have until the last business day in June to oppose that time required for this process varies anywhere from four application. For applications filed with the court in May, months to two years, depending on the complexity of the parties would have until the last business day in July to case. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? Glossary of Terms Abandonment of water right: the termination of a water beneficial use. See definition for conditional water right. right in whole or in part, resulting from the intent of the Acre-foot: the volume of water equivalent to covering one owner to permanently discontinue its use. A conditional acre of land to a depth of one foot; equal to 43,560 cubic feet water right may also be terminated by failure on the part of or 325,851 gallons. the owner to develop it with reasonable diligence until absolute, or to make filings to the water court every six years Adjudication: the judicial process through which the showing due diligence has been made towards perfecting the existence of a water right is confirn~ed by decree of the water water right. court. Absolute water right: a water right that has been put to a Appropriation: the right to take a certain portion of the %~CiE~IDI~ i E EIS # > Glossary of Terms (continued) waters of the state to be put to beneficial use. The specific been made toward completion of the project. Once die right quantity and rate of flow may be confirmed by a water court has been placed to beneficial use, the holder of the condi- decree. tional right must then ask the court to make it an absolute Aquifer: a formation, group of formations or part of a forma- water right. See definition for Absolute water right. lion containing sufficient saturated permeable (able to pass Consumptive use: the amount of water that is Lost to the through) material that could yield a sufficient quantity of stream system, for example, through crop consumption or waier that may be extracted and put to beneficial use. evaporation, when applying water to beneficial uses. Augmentation plan: a way for junior appropriators to obtain Cubic •/eet per second: a rate of flow of water passing a water supplies through terms and conditions approved by a given point each second of time, amounting to one cubic foot. water court that protects senior water rights from the This is equal l0 7.48 gallons per second, 448.8 gallons per depletions caused by the new diversions. It typically will minute or approximately two acre-feet per day. involve storing junior water when in priority and releasing Decree: an official document issued by the water court that water when a call comes on, purchasing stored water to including, but not limited to, the priority date, amount, use, release when a river call comes on, or purchasing senior and location of the water right. imgation water rights and changing the use of those rights to offset the new users' injury to the stream. (Note: These Depletion: the withdrawal of water from a surface or ground plans can be very complex and it is suggested that an engi- water stream or basin at a rate greater than the rate of neering consultant be hired to allow for proper consideration replenishment. Depletion is determined for a system by of all hydrologic and water rights factors.) subtracting system outflows from system inflows. Aug»:entation water: water that is r Designated ground water: ground water added, left, or replaced in a stream ~ ~ ti ri _ that, in its natural course, is not available to system to offset out-of-priority ~ I ~i or required for the fulfillment of decreed diversions. .'r` _ surface rights, or ground water in areas Beneftcial use: the use of a reasonable 'w _ ~ ~ ixrt adjacent to a continuously flowing - natural stream, wherein ground water with- amount of waier necessary to accom- ' ' ~ drawals have constituted the principal wa- plish the purpose of the appropriation _r~ ' to usage for at least I S years preceding the without waste. Some common types of date of the first hearing on the proposed beneficial use are: domestic, household 1;~ designation of the basin, and which is . . use, irrigation, municipal, wildlife, within the geographic boundaries of a recreation, and mining. r:' designated ground water basin. i ~ Call: a request by a water right appro- Arch Diteh Diversion 8tsaetnne Designated ground water basins or priator that more junior water rights on "designated basins": those areas of the the same drainage system curtail their state established by the Ground Water Commission in accor- diversions of water to the extent necessary; such that suffi- dance with Section 37-90-106, CKS. The designated basins cient water is made available to satisfy the senior water right are located in the Front Range and in eastern Colorado. placing the call. Such calls are administered by the Division There are currently eight designated basins (see section of Engineer and staff for the division in which the call was this guide titled, "Ilow do I Obtain a Water Well Permit placed. Within a Designated Basin? "for more information). Change of water right: any change in any way that a water Diversion: to divert and control water from its natural course right is used. It can be changed in type, place or time of use, by means of a structure. point of diversion, adding points of diversion, etc. It is not considered a change in use if a farmer changes the type of Division Engineer: the State Engineer's principal water crop grown or the type of irrigation method. Changes of official in each of the seven water divisions (also see glossary water rights must be approved by the water court to assure terms, State Engineer and Water divisions). that no injury occurs to other water rights. Ezempt uses: any recognized uses that are not subject to Conditional water right: a water right obtained through the administration under the priority system. For further infor- water court where the water has not been placed to a benefi- mation, see Sections 37-92-602 and 37-90-105, CRS. cial use. It gives the holder of that right time to complete a Exe»rpt well: a well allowed to be used for exempt uses. For project as long as they diligently pursue completion of the further information, see Sections 37-92-602 and 37-90-105, project. Every six years, the court reviews what progress has CRS. AGEI`lI~A ITEM PAGE Pale 18 Glossary of Terms (continued) Ground water: any water not visible on the surface of the surface water drainage system that has more decreed water ground under natural conditions. rights claims on the system than can be satisfied by the physi- Ground Water Commission: atwelve-member body created cal supply of water available. by the Legislature, nine of which are appointed by the Gover- Potability: a reference to water that does not contain pollu- nor to carry out and enforce the state statutes, rules and tion, contamination, or infective agents, and is considered to regulations, decisions, orders and policies of the Commis- be safe for human consumption. Sion, dealing with designated ground water (see section of priority: the right of a senior water rights holder to divert this guide titled, "Flow Do I Obtain a Water Well Permi! water before a junior water rights holder from a common Within a Designated Basin? "for more information). source. Priority is based on both the appropriation date and Ground water management district: any district organized adjudication date of a water right, as confirmed by the water under Section 37-90-118 to 37-90-135, CRS, for the purpose court. of consulting with the Ground Water Commission on all Recharge area: reservoirs and ditches that are designed to designated ground water martens within a particular district. replenish groundwater depletions, due to out-of-priority There are currently l3 districts (see section of this guide diversions, by artificially introducing water into the ground titled, "flow Do 1 Obtain a Water Well Permit Within a water aquifer. Designated Basin? "for more information). Irrigution year: the irrigation year for the purposes of re- Resume: a monthly publication by the water court of a cording annual diversions of water for irrigation in Colorado summary of water rights applications filed in the water court begins November 1 and ends on October 31 of each year. that month. Junior water right: a relative term describing a water right River basin: the land area and water catchment surrounding with a priority less than that of a "senior right" from a a river from its headwaters to its mouth. common source of water. River call: usually a written document filed with the Division Engineer stating that, as of a certain date and time, a Nutive waters: surface and underground waters naturally water right holder is not receiving all of the water they are occurring in a watershed. entitled to by decree, and are requesting that the Division Nan-consumptive: uses that do not reduce the quantity of Engineer shut down all upstream water rights junior to them water available to the stream system. until their senior right is satisfied. Non-exempt uses: any recognized beneficial uses of water Senior water right: a relative term describing a water right that are administered under the priority system. For further with a priority greater than that of a "junior right" from a information, see Sections 37-90-]37 and 37-90-107, CRS. common source of water. Non-exempt well: a well allowed to be used for non-exempt State Engineer: the Governor-appointed chief state water uses, official in charge of administering the waters of the state. Non-native waters: waters imported or not originally Structure: any apparatus constructed to divert water, such as hydrologically connected to a watershed or drainage basin a headgate, pipe, or well. physically or by statute; non-tributary ground water and Transmountain diversions: water that is diverted from one transmountain water are non-native. watershed to another across the Continental Divide. Nontributary ground water: ground water located outside the boundaries of any designated ground water basin, where Standard Water Use Rates the withdrawal of this ground water by a well will not, within ? Each ordinary household use: 0.3 acre-foot per year 100 years, deplete the flow of a natural stream at an annual ? Use for four large domestic animals: 0.05 acre-foot per rate greater than one-tenth of one percent of the annual rate of~ year withdrawal. ? Use for each 1,000 square feet of lawn irrigation: 0.05 Not Nontributary ground water: ground water located acre-foot per year within those portions of the Dawson; Denver, Arapahoe, and Water Conversions Laramie-Fox Hills aquifers that are outside of any designated ? 1 cfs (cubic feet per second): 646,560 gallons per day ground water basin in existence on January 1, 1985, the with- (gpd); 449 gallons por minute (gpm) drawal of which will, within 100 years, deplete the flow of a Per 24 hours: 1.983 acre-feet (AF) natural stream at an annual rate greater than one-tenth of one ? 1 acre-foot: 325,851 gallons percent of the annual rate of withdrawal. ? 1 cubic foot: 7.48 gallons Over-appropriated: a water rights term used to describe a l ~~GEND~1 ITE~~ PAGE Glossary of Terms (continued] Tributary water: water that is hydrologically connected to a drainages. The seven divisions are: Division I-South Platte natural stream system either by surface or underground flows. River Basin; Division 2-Arkansas River Basin; Division User supplied data: data or records of water uses provided 3-Rio Grande River Basin; Division 4-Gunnison River Basin; by an owner/user that has not been verifred by state officials. Division 5-Colorado River Basin; Division 6-Yampa/White River Basins; Division 7-San Juan/Dolores River Basins. Water commissioner: state water offcial, appointed by the Water right: a property right that is either conditional or State Engineer and working under the direction of the absolute and conveys the right to use a particular amount of Division Engineers, who performs the day-to-day administra- tion of surface and ground water in each water district (also Water, with a specified priority date as confirmed by the see glossary terms, Division L•'~agineer, State Engineer, Water Water court, or by the Ground Water Commission if within districts, Water divisions). the designated ground water basins (also see glossary terms, Absolute water right and Conditional water right). Water Court: a district court that hears matters related to water. To obtain a judicially recognized water right, change Well: any structure or device used for the purpose, or with a water right or obtain an augmentation plan, requesting the effect, of obtaining ground water for beneficial use from persons or entities file applications with one of these courts an aquifer. Additionally, any test hole or other excavation and the court will issue a decree or order. that is drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constn~cted, when the intended use of Water districts: eighty geographical divisions of the state such excavation is for the location, monitoring, dewatering, that were originally used for the granting of water rights. The observation, diversion, artificial recharge, or acquisition of districts are now largely used for administrative purposes. ground water, or for conducting pumping equipment or Water divisions: the seven geographical areas of the state of aquifer tests. Colorado corresponding to the major natural surface water i,~ CONTACT INFORMATION ~ ~ ~i Colorado Division of Water Resources, 1313 Sherman Street, Suite 818, Denver, CO 80203 Website: http:l/www.water.state.co.us Denver Office: Main Number: 303-866-3581 Fax: 303-866-3589 (24 hours a day) Ground Water Information: 303-866-3587 Public hours: 9:00 a.m. - 4:00 p.m. Records Section: 303-866-3447 Public hours: 9:00 a.m. - 4:00 p.m. Fax: 303-866-2223 (24 hours a day) Water Division Office Water Court Division Location River Basin Phone # Phone # 1 Greeley South Platte 970-352-8712 970-351-7300 ext. 5402 2 Pueblo Arkansas 719-542-3368 719-583-7048 3 Alamosa Rio Grande 719-589-6683 719-589-4996 4 Montrose Gunnison 970-249-6622 970-252-4335 5 Glenwood Colorado 970-945-5665 970-945-8109 or 5075 6 Steamboat Yampa/White" 970-879-0272 970-879-5020 7 Durango San Juan / Dolores 970-247-1845 970-247-2304 ext. 115 The White River Basin is located in Division 6, but water rights are decreed by fhe Division 5 Water Court .ti ~ - ~1G~~It~A ~~'~AA # , PACE COLORADO DIVISION OF WATER RESOURCES Y ~ I y'i'rr f z ~ ` I. _ .t~~~r I Colorado State Capitol Building, Denver I - iq~~~!:~~u~~ to N/\TU 111 [ Note: This .document is provided as a public service and descrfbes the process for obtaining a water right In broad, general parameters. It is not intended to substitute as legal advice. You should consult an attor- ney and/or engineer prior to initiating the actions described in this guide. Original publication date: June 2002 ~1GEi~lDA iTEi1~ ,PAGE % / , VEGETATION ZONES AT THUNDERBIRD LAKE -CURRENT WATER LEVELS ,1 _ •',eac ~ zs, fi ~TJ~~ tom.-3~: - v• ~ - ~ t~s( ~y~i~:;; ~'~s'~ t+L^'h.~-;4 ~ ~ ~ j`~: ~(jy?7c , . {ry , tri~.~~r' ',~a ~ f.-~,.-~r ` , ~ t;a ~ ' ~,i n~~. ,.j' TYPICAL EMERGENT/WETLAND .L~~.~~~-a „I MANICURED TURF bf"^. ,,''1~ T~~~t ~~,~~lt1~~';~~' ; VEGETATION ~ L°~`:.'' ~ ~ r~ ~ - GRASS IN PARK z..• .~..y~~iy!; 'l ~ may... ~ -y :.i.' r~ TYPICAL UPLAND/RIPARIAN I' I ~~7`/ VEGETATION~~~~.~ ~ah,~. ;;~~;a:. DUCKWEED IN LAKE ESTIMATED LAKE EDGE WITHOUT SUPPLEMENTAL WATER i I EXISTING ~ ~ SIDEWALK ~ ~ ~ \ THUNDERBIRD DR. ~ ~ PARK TURF \ ~O,Z,P ` GRASS LA,KE ELEVATION \ ? - t t' wlo 5312 ~ - - ~YIEW ARF~ ~ ~ ~ ' :"v> P ~ ~ G: ~ ~ ~ UPLAND VEGETATION - ? ~ - ~s~wlo~ SEE PHOTOS ? P ! / VIEW AR : . WETLAND VEGETATION - ~O~ SEE PHOTOS ~ - ~ ~ S~G~ ~ Q' ~ l ~ ? G EBO - ~ POTENTIAL NEW ~ BOARDWALK AND DOCK WITH SEATING ~ ~ OPTIONS WITHOUT SUPPLEMENTAL WATER ` ~~o~~~~ ~ • USES EXISTING WATER SOURCES - NO SUPPLEMENTAL WATER Qp~ ~ 1" = 100'-0" (SCALE APPROXIMATE) NEW WETLAND - ~ PLANTINGS -SEE , . , PHOTOS FOR TYPICAL WETLAND VEGETATION EXISTING SIDEWALK - THUNDERBIRD DR. PARK TURF ~O,Z,P ` GRASS LAKE ELEVATION ~ _ > i i' WIDE 5315 FEET VIEW AREA r , • ~ V15' WIDE ; UPLAND VEGETATION - ~ SEE PHOTOS ~ ~ ~ • I ~ ~\O • • • ~ GAZEBO m ~ a OPTIONS DURING TIMES OF SUPPLEMENTAL WATER ` ~~o~\,~ ~ • ADDS WATER TO RAISE LAKE ELEVATION Q^ • REPLACES EXISTING WETLAND PLANTINGS IN NEW LOCATION / ` 1" = 100'-0" (SCALE APPROXIMATES Water Right Diagram -WATER HISTORICALLY AVAILABLE i UNDER EXISTING WATER RIGHT SURF=-~OW DAM DRAIN TILE THUNDERBIRD LAKE OUTLET PIPE WELL UNDERGROUND WATER FLOW (WATER NOT HISTORICALLY TAKEN AND WILL REQUIRE AUGMENTATION IF USED] ~y 4EDROCK O Q