It is currently Nov 17, 2019 10:12 am 






Reply to topic  [ 13 posts ]  Go to page 1, 2  Next

Previous topic | Next topic 

  Print view

Offline 
 Post subject: ponds drying up
Post Posted: Oct 20, 2019 1:44 pm 
Infrequent Pinecam poster
Infrequent Pinecam poster
Joined: Oct 18, 2018 10:33 am
Posts: 18
We live down Pine Valley Road near Pine Grove. Our ponds are drying up, as are our neighbors. Our fish have died. I have heard that someone up stream (on higher ground nearer to 285) has put in a new pond and that is what is reducing the drainage to our ponds downstream. Does anyone know anything about this or who I can call to complain? Thanks.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 20, 2019 4:26 pm 
Active Pinecam Poster
Active Pinecam Poster
User avatar
Joined: Feb 2, 2003 2:50 pm
Posts: 591
Location: Evergreen
Hike up the drainage … to see what you can discover. Water rights are critical to how water flows. I know that my well, has rights of the drainage ditch. Talk to your neighbors as see what you can discover. Rarely a free flowing stream that does not have water right holders.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 20, 2019 4:49 pm 
Pinecam Hall of Fame poster!
Pinecam Hall of Fame poster!
User avatar
Joined: May 3, 2002 6:41 am
Posts: 18594
Location: Pine CO at Shaffers Crossing at 8,200 feet
Water rights in any western state are basically a can of worms. The Colorado Division of Water Resources oversees wells and surface water rights. From aPDF put out by the DWR:

Quote:
While the Division of Water Resources is charged with the responsibility of administering water rights and for the distribution of surface water within the state, that distribution authority stops at the headgate of the main ditch where it diverts from the river or stream. We do not administer surface water beyond the headgate. That becomes the responsibility of the individual ditch companies or private shareholders. However, this office will assist where possible in a resolution by providing information or offering suggestions. As a potential property purchaser, you can verify a seller’s claims to having
water rights.


It really doesn't matter if you find the source of your troubles, who owns the senior rights matters most. It doesn't matter if a stream runs though your property, you may have no rights to take even bucket from it or allow a horse to drink from it.

Does your deed have anything pertaining to your surface water rights? You might want to check that first. Then contact the DWR and see if they can help you.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 20, 2019 7:52 pm 
Posts pretty often
Posts pretty often
Joined: May 10, 2004 10:41 am
Posts: 51
You might want to look at construction happening on Duke Dozier's property @ Roland valley curve @ the Smokey The Bear sign, south bound on 285. some type of "Retreat" is being built up the valley there, & that's where the water from Mt. Rosalie - i.e. Deer Creek flows & the creek that runs down Roland Valley is now dry, as are most of the ponds on Brookside Dr. I am having issues with my well also & am less than a mile away. Last I heard last spring, they were drilling 20 - 30 wells @ the site, & are now preparing to build a "pumping station" to pump affluent - septic waste - to Will of the Wisp subdivision for treatment !!! sounds like good water management doesn't it. The property in question has been in the Dozier family forever - his family apperantly homesteaded the area. I am going to visit the site this week & will post what I see. I know it has been a dry year, but I have lived @ current location for 25 years & have never had water issues before construction began. you might speak to residents on Brookside Dr. as I'm sure they are concerned also.
Later, Stormy76


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 20, 2019 8:03 pm 
Oh my, Big Time poster!
Oh my, Big Time poster!
Joined: Mar 12, 2014 9:42 pm
Posts: 2772
Same thing in Will O Wisp. Been here 11 years and two streams run by property with a few ponds. One stream was tiny but flowed year round, flooding to 3' across in spring The main stream was 5-6 feet across in spring. The last 6 years one went dry the other stayed small, I figure-drought. This year with all the rain & snow, I expected a return to spring flow. One stream dry & main stream very small. Wish I had a drone to see upstream.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 7:51 am 
Posts Semi-Regularly
Posts Semi-Regularly
Joined: Aug 27, 2015 6:42 am
Posts: 180
stormy76 wrote:
You might want to look at construction happening on Duke Dozier's property @ Roland valley curve @ the Smokey The Bear sign, south bound on 285. some type of "Retreat" is being built up the valley there, & that's where the water from Mt. Rosalie - i.e. Deer Creek flows & the creek that runs down Roland Valley is now dry, as are most of the ponds on Brookside Dr. I am having issues with my well also & am less than a mile away. Last I heard last spring, they were drilling 20 - 30 wells @ the site, & are now preparing to build a "pumping station" to pump affluent - septic waste - to Will of the Wisp subdivision for treatment !!! sounds like good water management doesn't it. The property in question has been in the Dozier family forever - his family apperantly homesteaded the area. I am going to visit the site this week & will post what I see. I know it has been a dry year, but I have lived @ current location for 25 years & have never had water issues before construction began. you might speak to residents on Brookside Dr. as I'm sure they are concerned also.
Later, Stormy76


Tanglewood Creek is fed from Rosalie and Deer Creek is fed from the saddle near Kataka Mtn.. Both converge and continue as Deer Creek following CR43, but is not part of the retreat property. The creek you reference for the retreat is unnamed and part of several properties, including Dozier. Both creek's eventually feed the North Fork South Platte.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 8:43 am 
Oh my, Big Time poster!
Oh my, Big Time poster!
User avatar
Joined: Sep 22, 2006 12:48 pm
Posts: 4033
Location: Bailey @ 9000+ ft
TillerBee wrote:
Water rights in any western state are basically a can of worms. The Colorado Division of Water Resources oversees wells and surface water rights.

It really doesn't matter if you find the source of your troubles, who owns the senior rights matters most. It doesn't matter if a stream runs though your property, you may have no rights to take even bucket from it or allow a horse to drink from it.


Yep! It's all about water rights. If the new construction is the culprit but they already have the proper water rights in place then there's little you can do. Challenging water rights AFTER they are put in place is almost always fruitless.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 8:52 am 
Oh my, Big Time poster!
Oh my, Big Time poster!
Joined: Mar 12, 2014 9:42 pm
Posts: 2772
I thought there were certain provisions for downstream users and environental? Otherwise CO could turn the CO river into a huge lake and not share with anyone downstream.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 9:16 am 
Oh my, Big Time poster!
Oh my, Big Time poster!
User avatar
Joined: Sep 22, 2006 12:48 pm
Posts: 4033
Location: Bailey @ 9000+ ft
It's complicated. There may be various downstream users but only if they have water rights.

There are limitation/conditions regarding water storage. Those are complicated too, depends where located and the seniority of the water rights, etc.

There are various documentaries that help explain (to some degree) water rights and water wars. As TB said earlier "it's a can of worms". Different States handle things differently.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 9:19 am 
Pinecam Hall of Fame poster!
Pinecam Hall of Fame poster!
User avatar
Joined: May 3, 2002 6:41 am
Posts: 18594
Location: Pine CO at Shaffers Crossing at 8,200 feet
There are interstate water rights agreements so one state cannot take all the water before it gets to the next state in line.

Here's an example of an extreme case involving interstate water rights.

Colorado Drains Reservoir to Pay 'Water Bill' Owed to Kansas, Nebraska

Quote:
The hefty water bill is the result of a 1942 agreement between the three states to share water and a 2003 United States Supreme Court ruling that the Rocky Mountain State had been hoarding more than its fair share of this precious liquid.

After years of trying to figure out exactly how this debt is to be paid, Colorado decided its only option is to drain Bonny Reservoir and send the water down the Republican River to Kansas and Nebraska.

...

The Department says the debt had gone unnoticed for decades, until Kansas officials realized they were short on the water allotted their state from the Republican River.


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 10:52 am 
Oh my, Big Time poster!
Oh my, Big Time poster!
Joined: Mar 12, 2014 9:42 pm
Posts: 2772
Thanks for information, state to state makes sense. I imagine small creeks don't count at all. Hope I am wrong. I know Will O Wisp has wells but very concerning when water did not come flooding down this spring. My shed even sits up on concrete pillars so flood water could run underneath it.
In spring had a small pond and lots of water flowing. Expected same this spring. Maybe beavers upstream? They are good builders but don't know any rules!


Top
  Profile  
Reply with quote  
Offline 
 Post subject: Re: ponds drying up
Post Posted: Oct 21, 2019 12:11 pm 
Oh my, Big Time poster!
Oh my, Big Time poster!
User avatar
Joined: Sep 22, 2006 12:48 pm
Posts: 4033
Location: Bailey @ 9000+ ft
chakraz wrote:
I imagine small creeks don't count at all.

If it carries water, then it counts, and certainly someone owns the water rights (individuals, trusts, companies, government, etc.).

Basically every drop of surface and ground water is covered by water rights of one type or another.

Thus the can of worms, as ethical and moral issues raise their heads. Yes it can get contentious even over small creeks.

In some circumstances, landowners whose property has creeks/streams running through the property or adjacent to the property are sometimes granted conditional rights to use the water as long as the usage does not adversely impact upstream or downstream neighbors. Typically you are allowed to fish and things like that, but generally can't use it for irrigation or most other consumptive usage. But each case is different.

However if it is not stated in your deed then most likely you are not allowed to use the water at all.

chakraz wrote:
Maybe beavers upstream? They are good builders but don't know any rules!


:lol: Yep wildlife are exempted from the rules!


Top
  Profile  
Reply with quote  
Display posts from previous:  Sort by  
Reply to topic  [ 13 posts ]  Go to page 1, 2  Next

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:

Who is online

In total there are 5 users online :: 0 registered, 0 hidden and 5 guests (based on users active over the past 60 minutes)
Most users ever online was 2823 on Mar 26, 2012 6:26 pm

Users browsing this forum: No registered users and 5 guests





Powered by phpBB © 2000-2012 phpBB Group

This website copyright © 1994-2019 by
Pinecam.com is a member of the Platte Canyon Area Chamber of Commerce