Water Supply and Rights Issues "[O]wners of [water] rights must remain vigilant in the protection of their interests." Archuleta v. Gomez, 200 P.3d 333, 342 (Colorado Supreme Court 2009) The security and dependability of MMWC's water supply is a function of the characteristics and sustainable yield of the Gillette Flats alluvial aquifer, its legal rights to that water (relative to other water right holders), and existing and proposed uses of the aquifer recharge zone. Characteristics of the Gillette Flats alluvial aquifer MMWC draws its water from the Gillette Flats alluvial aquifer, a relatively shallow, limited-capacity aquifer. The saturated thickness varies, but is generally less than 60 feet. The aquifer is bounded by the Trachyte Knob  to the east, unweathered Pikes Peak granite below, and a narrow valley constriction to the south, near Altman. The aquifer is recharged by the West Fork of West Beaver Creek. MMWC, Cripple Creek, and the City of Victor (which supplies the CC&V mine) share the limited water resources of the Gillette Flats alluvial aquifer. Studies performed by HRS Water Consultants, Inc., suggest that the Gillette Flats alluvial aquifer -- when it is receiving no surface flow input during the winter -- generally provides a steady ground-water outflow of about 2.4 to 2.8 cfs. These studies also suggest that the aquifer can sustain no more than ~1.5 cfs of pumping, in the aggregate, from 6 or more well- spaced wells over the northern end of the aquifer, and no more than ~2 cfs of pumping, in the aggregate, in wells distributed over the entire aquifer. Also, the studies concluded that prolonged drought would reduce that yield. Currently, there are about 2 cfs of adjudicated rights to this aquifer water -- some of it belonging to MMWC, some of it belonging to Cripple Creek, and some of it belonging (at least contractually) to the City of Victor. These adjudicated rights approach the limits of the aquifer's capacity. To date, the existing demands on the Gillette Flats aquifer have not prevented MMWC from serving the needs of its existing customer base. Moreover, MMWC and Cripple Creek have implemented an aquifer management plan to monitor and conserve this vital resource. However, the population dependent on Beaver Creek water is growing. Given the limited capacity of the Gillette Flats aquifer and the creek that recharges it and the increasing frequency of drought conditions in Teller County, MMWC is committed to efforts to cooperate in the use and conservation of this vital resource. MMWC's water rights "The primary value of a water right resides in its priority relative to other water rights and the right to use the resource, not in the continuous tangible possession of the resource." Archuleta v. Gomez, 200 P.3d 333, 343 (Colorado Supreme Court 2009) (citing Navajo Dev. Co., Inc. v. Sanderson, 655 P.2d 1374, 1377 (Colo. 1982)). MMWC and many of its downstream neighbors all have adjudicated rights to Beaver Creek water. Many communities and businesses -- including the cities of Colorado Springs, Cripple Creek, Victor, and Penrose, and the CC&V Cresson mine -- depend on Beaver Creek water. Additional communities -- including the Deer Mountain Ranch and Lakemoor West subdivisions -- depend on Beaver Creek water as an augmentation source. Unfortunately, Beaver Creek (not to be confused with another Colorado stream, in Eagle County, of the same name), which draws its water from the southwestern slope of Pikes Peak, is a relatively small stream. See Map of Beaver Creek Watershed. Consequently, conflicts and disputes  frequently erupt between the communities that depend on Beaver Creek water. Indeed, a 1982 dispute over 1.36 cfs of Victor's Priority #2 Beaver Creek water rights reached the Colorado Supreme Court. The seriousness and frequency of these disputes serve as fair notice that water cannot be taken for granted. As a default rule, Colorado's prior-appropriation ("first in time, first in right") system of water rights means that senior appropriators downstream of a junior user's point of water diversion are entitled to appropriate the full amount of their water right before the junior user can take any water. For an introduction to Colorado's prior-appropriation system of water rights, please see http://www.waterinfo.org/rights.html. Fortunately, MMWC has a relatively senior and secure right. Furthermore, MMWC has a cooperative relationship with the City of Cripple Creek, which owns some of the most-senior rights to Beaver Creek water. Interesting Documents and Links Beaver Creek Data: Map of Beaver Creek Watershed Beaver Creek discharge, cubic feet per second, at USGS 07099050 site. Beaver Creek discharge, cubic feet per second, at USGS 07099060 site. Published stream flow data tabulated by the Colorado Division of Water Resources Stream flow monitoring site data for Division 2, District 12, maintained by Colorado DWR Disputes over Beaver Creek water rights: See Beaver Park Water, Inc. v. Victor, 649 P.2d 300 (Colo. 1982) (upholding Victor's "Altman" water rights (Beaver Creek priority #2), holding that predecessors had no intent to abandon the Altman water rights in 1957-1977 period when it wasn't used, because at the time, Skaguay Reservoir had plenty of water to supply Victor's needs). See AngloGold Ashanti "Case Study" about settlement of Cripple Creek-Victor dispute. Other: Guide to Colorado Well Permits, Water Rights, and Water Administration. Publications from the Colorado Division of Water Resources. 2009-03-25 WSJ article: "Out West, Catching Raindrops Can Make You An Outlaw" Arkansas River Drought & Water Supply Assessment Basin Summary. Tour of the CSU Water System. In re Cripple Creek Water Co., Public Utilities Reports (1916) at pages 788-817. 1919 Cripple Creek water consumption report (reporting that Cripple Creek, at the time, consumed 750,000 gallons/day). Wilderness Proposal for Beaver Creek Watershed. Copyright © 2009-2011 MMWC Director Eric W. Cernyar