Norwood and the Lone Cone Ditch Company settle with Telluride over San Miguel water rights application

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From The Norwood Post (Patrick Alan Coleman/Katie Klingsporn):

The Town of Norwood along with the Lone Cone Ditch and Reservoir Company reached a settlement with the Town of Telluride over Telluride’s opposition to applications for water rights on the San Miguel river. Norwood’s application, which came as a response to the Colorado Water Conservation Board’s (CWCB) filing for increased in-stream flow to protect fish habitat, was meant to ensure water for 50 years of future growth along the 85 miles of line in the Norwood Water Commission (NWC) district.

The settlement reduces the proposed 16,300 acre-feet of water in five reservoirs proposed in the original cases filed. That amount was based in part on water commission studies suggesting how much water would be adequate for two percent growth in the NWC district up to the year 2060.

Under the proposed settlement, the Norwood Water Commission will withdraw claims for two of the five reservoirs — the Upper Gurley and Huff Gulch reservoirs — as well as the J&M Hughes Ditch enlargement. The NWC will also accept an overall storage capacity limitation of 2,250 acre-feet and a use limitation of 1,000 acre-feet annually. NWC must also select, within 12 years, one of the alternate reservoirs or a combination of them to develop, with a cumulative storage capacity of no more than 2,240 acre-feet, and abandon storage rights for the reservoirs not selected. In addition, the NWC will have to abandon reservoirs for which construction has not begun within 24 years, and forfeit water for which actual uses do not develop by 2060.

The Lone Cone Ditch and Reservoir Company, meanwhile, will limit its use of water stored in the Lone Cone Reservoir enlargement to 1,750 acre-feet, and not sell its stored water allocation to NWC…

According to Norwood Town Administrator Patti Grafmyer, much of the reason for settling with Telluride was due to the expenses that would have likely been incurred by fighting the municipality in water court…

The water fight began shortly after the CWCB announced that it would be filing for increased in-stream flows in 2010. The announcement had counties and towns along the San Miguel river scrambling to file additional rites on streams, tributaries, and storage along the river in order to ensure that their rights would not be junior to those of the CWCB.

Initially affected parties joined together with the Southwestern Water Conservation District who had completed a study detailing how much water would be needed by the communities in the watershed as they grew into the future.

At that time the Town of Norwood was meeting and working in tandem with a coalition that included Nucla, Naturita, their Montrose county representatives and representatives from San Miguel county. The initial plan was for the parties to file for water in conjunction.

In September of 2010, both Montrose county and San Miguel county pulled out of the endeavor due to legal questions and vagaries of the proposed group filing. While Montrose county continued to support its municipalities by pursuing rights for future water, the dissolution of the initial partnership left the town of Norwood on its own with just one month to file before the CWCB.

More San Miguel River coverage here and here.

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