MAPOA Bowen Ditch Company Presentation

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Arron Briggs
5 years ago
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2 Introduction Drew asked me to speak tonight about the Bowen Ditch because: As as most of you know, the ditch traverses Mesa Antero from north to south running through many of your properties. As some of you may know, I am the president of the Bowen Ditch Company. And... everyone else who could speak is at the Trout Unlimited Banquet???

3 Topics to be Covered How I came to be President What is a water right in Colorado? How water rights are administered Ditch owner and land owner rights and responsibilities Some stats and fun facts about the Bowen How Mesa Antero residents can assist in safe operation of the ditch Q & A including any other topics you can think of (that I may be able to answer)

4 How I Came to be President of BDC In 1964 my Mom and Dad bought a 160 acre ranch on CR 270, east of US285 just north of what is now the Jay Wilson ranch. 2 shares of the Bowen were included in the 160 ranch (I'll talk about what shares mean shortly). In 2007, my Dad cleverly willed a share each of the Bowen to me and my sister. I say cleverly because part of the responsibility of a shareholder is to participate in maintaining the ditch, and my Dad, 86 at the time, did not want to do the maintenance work any more. In 2007 and 2008, then president Don Adams lobbied me intensely. As he had been president for nearly 20 years and wanted out, I foolishly took pity on him and accepted the job. Like MAPOA officers, it's an elected position, and like MAPOA, anyone who expresses the least bit of interest is elected quickly before they start having second thoughts.

Colorado Water Rights For those of you not from the West, the concept of a water right can seem bewildering, so before we jump into the specifics of the Bowen, let's discuss what a water right is.

5 Colorado Water Rights For those of you not from the West, the concept of a water right can seem bewildering, so before we jump into the specifics of the Bowen, let's discuss what a water right is. In Colorado (and in most of the West) natural water sources are treated as a natural resource that, like a mining claim, can be claimed on a first come, first served basis. Once a water source has been claimed, a ditch built, and a legal filing processed by the state, the water is available for the sole use of it's owner, typically for irrigation purposes. An owner may be an individual rancher and his family, a cooperative of ranchers that form a ditch company, or other entities such as corporate and government entities (e.g., cities). A ditch may and typically does run through other land owners properties as it courses from the source to the ditch owner's fields. A ditch that flows through a property that is not the ditch owner's property can be thought of as a utility easement, and real estate agents are supposed to explain this fact to a prospective property buyer (but typically don't). I'll cover ditch owner and non-ditch owner rights and responsibilities shortly.

6 How water rights are administered Colorado state authority is the Division of Water Resources. Colorado is divided into a number of water districts, each administered by a water commissioner. A water right is available for use based on a priority system that is determined by the date on which the right was filed. Thus, an older right (e.g., 1870) is more valuable than and can preempt a younger right (e.g., 1880). The local water commissioner decides when a ditch can start and when it must stop based on the priority system and the general availability of water in a given year. He/she also spot checks water volumes during operation. In a year when water is plentiful, everybody gets water, in dryer years some ditch water may have shorter runs or not run at all based on the commissioners' discretion, which is based on the current water CALLs. What is a CALL? Assertion of a water right made to the local water commisioner.

Ditch owner rights and responsibilities Maintains the ditch along its entire length, including: making sure the ditch and all associated structures are in good repair and free of obstructions before

7 Ditch owner rights and responsibilities Maintains the ditch along its entire length, including: making sure the ditch and all associated structures are in good repair and free of obstructions before ditch is turned on and during the flow of water. Makes repairs to the ditch and associated structures as needed to optimize water flow and prevent harm to land owners whose land contains or is adjacent to ditch right-of-way. Uses the water as he/she/they see fit. Could forfeit right if water not used.

8 Land owner rights and responsibilities (Mostly what the land owner may NOT do) May not divert, obstruct, or otherwise use water flowing in a ditch. Doing so is considered stealing and is a felony offense. Swimmin' holes. Water wars. May not deny ditch owners access to any part of the ditch for maintenance and operation purposes. 15 foot rule of thumb. May not (advertently) put trash, tree limbs, etc., into the ditch. May not build or have septic system within 25 feet of ditch. May not destroy ditch integrity (via people or animals). May not build a bridge or other crossing without express consent and approval of the ditch company. There are no specific limitations on land owner activities in and around the ditch as long as the previously described responsibilities are adhered to and no harm is done to the ditch. So go ahead, talk a walk in it sometime... preferably when it's not running.

9 Stats and Fun Facts about the Bowen At 14 miles long from its source on Chalk Creek across from CR 291 to its terminus at Hecla Junction, the Bowen is one of the longest ditches in Colorado.

10 Stats and Fun Facts about the Bowen What items make up a ditch? Headgate at a water source to control water flow into... The graded main ditch that transports water from the source to... Diversion(s) that remove water from the main ditch into... Lateral(s) that channel water to points of usage. Cleanout(s) that allow for debris removal when a ditch is turned on. Aqueduct(s) or Flume(s) to cross ravines or bodies of water. Other private/governmental structures such as culverts and bridges. NOTE: Except for the headgate, Mesa Antero contains the most interesting of the items/features previously mentioned.

11 Stats and Fun Facts about the Bowen Location of the headgate

12 Stats and Fun Facts about the Bowen The Source Chalk Creek

13 Stats and Fun Facts about the Bowen Headgate - inlet Headgate - inlet side Headgate - ditch side

Main Ditch Channel Ditch construction began in 1868 and was completed and filed on in 1888.

14 Main Ditch Channel Ditch construction began in 1868 and was completed and filed on in Amazing when you consider that is was built with backbreaking labor using picks, shovels, mules, dynamite, and probably much the same type of surveying equipment that George Washington used. An 1888 priority date makes it a fairly young and relatively low priority ditch, which is why some years it runs for a very short time, and occasionally not at all. This is the downside to such an ambitious ditch project. Could they have filed sooner? I surely wish they would have, but...! As a kid, Blair Bertschy swam in it and said it ran from May through October every year.

15 Stats and Fun Facts about the Bowen Cleanouts - Mesa Antero Cleanout

16 Diversion and Lateral Transports water to shareholder. Shareholder is responsible for diversion and lateral maintenance and operation.

17 Stats and Fun Facts about the Bowen Waterfall Flume

18 Stats and Fun Facts about the Bowen Frensley Drawbridge

19 Stats and Fun Facts about the Bowen Brown's Creek Flume

20 Stats and Fun Facts about the Bowen Bowen Ditch Terminus at Hecla Junction

Stats and Fun Facts about the Bowen How We're Organized I'm not sure how many ranchers were in the original cooperative and what their names were as those records couldn't be found.

21 Stats and Fun Facts about the Bowen How We're Organized I'm not sure how many ranchers were in the original cooperative and what their names were as those records couldn't be found. In the 1940's, BDC formally incorporated as a Not-For-Profit corporation and issued 16 share certificates that were held by a handful of ranchers. Currently there are 15 shareholders... the large number is accounted for by the fact that a ranch near Hecla Junction was subdivided resulting in fractional shares. The BDC holds an annual meeting early each spring to conduct business, collect assessment fees and plan ditch clean-out. For purposes of by-laws changes and other business, each share is worth a single vote. Some shareholders have multiple shares, some less than a full share. Each share in the BDC is worth about 3 cfs of water for as long as the ditch runs. The ditch delivers a total of ~40 cfs for as long as it runs, and if my math is correct, that is 3,456,000 cf/day and when the ditch averages about days of operation (in a good year), that's about 96,768,000 cf of water. NOTE: In some years the ditch runs only a few days, in a very bad year not at all.

Stats and Fun Facts about the Bowen Our Activities Other than the annual meeting, the principal activities of the BDC center around preparation for ditch turn-on, and the turn-on process.

22 Stats and Fun Facts about the Bowen Our Activities Other than the annual meeting, the principal activities of the BDC center around preparation for ditch turn-on, and the turn-on process. Each shareholder is responsible for providing 1 person per share to conduct clean-out and assist with turn-on. Sections of the ditch are assigned to shareholders for clean-out, which involves removing fallen trees, large rocks that have slid into the ditch, branches, Cottonwood suckers, and other major obstructions. Teams are also assigned to monitor ditch turn-on, making sure that no breaches occur and that clean-outs are successfully operated. As the water reaches a cleanout (~5 including 1 in MA) accumulated crud is released, typically into a wash for a short time (~15-30 min) until the water clears. Crud is typically composed of pine needles, pinecones and small branches as major obstacles have already been removed during cleanout. When the headgate is opened, it typically takes a full day for water to flow all the way to the end. The water flows at about a fast walk and looks like a giant, bristly snake out of a sci-fi movie. While the ditch is running we monitor along its length for breaches, and repair them as quickly as possible. We make other repairs as needed at different times during the year.

23 Repairing the Headgate Inlet Feb after the Spring 2010 blowout

How Mesa Antero residents can assist in safe operation of the ditch Help BDC monitor while flowing. If you feel you've spotted a breach or a potential breach, call me.

24 How Mesa Antero residents can assist in safe operation of the ditch Help BDC monitor while flowing. If you feel you've spotted a breach or a potential breach, call me... I'm in the MA directory under the Useful Telephone Nrs section, and, of course, under Peryam. Chuck Burton helped us by spotting a small, but growing breach along Tabeguache last May and saved us from a potential disaster. The problem... the fix. Property owners are NOT responsible for ditch cleaning (though we appreciate Rasso & Marianne Epps keeping their section very tidy), but you can help us by being careful not to dump deadwood or other debris into the ditch... we already get plenty from Mother Nature! There has been some minor vandalism near the Ouray culvert, so please alert us if you notice any kids playing near a ditch road crossing, or anything else that seems suspicious.

25 Ditch cleaning is lots of hard work and some play

26 Q&A

File No WORLD TRADE CENTER TASK FORCE INTERVIEW FIREFIGHTER JOHN AMATO. Interview Date: January 2, Transcribed by Laurie A.

File No WORLD TRADE CENTER TASK FORCE INTERVIEW FIREFIGHTER JOHN AMATO. Interview Date: January 2, Transcribed by Laurie A. File No. 9110421 WORLD TRADE CENTER TASK FORCE INTERVIEW FIREFIGHTER JOHN AMATO Interview Date: January 2, 2002 Transcribed by Laurie A. Collins J. AMATO 2 CHIEF MALKIN: Today's date is January 2, '02.