billings update originally posted sometime in the past...
First, some history on what I am talking about, which is the City of Billings claimed water rights. Some time ago I questioned claims that our City should defend excess amounts of claimed water, based on what was happening in Billings. Since then, the adjudication process has been churning along, and now we have new information. This is all public record, which can be accessed at the DNRC website. To view the scanned water right files you need a viewer, which you can download there.
This however, is from the Temp. decree, which is going into the Objections stage. These are issue remarks on the three municipal claims for the City of Billings.
Two of these claims are supplemental, however, the claimed diversion and volume amounts are all added together to equal the maximum diversion of water that the Billings water system could handle - in 1973.
THE CLAIMED FLOW RATE IS IN QUESTION. ACCORDING TO INFORMATION IN THE CLAIM FILE, THE CAPACITY OF THE DIVERSION SYSTEM IS 150.70 CFS.
PLACE OF USE: ACCORDING TO INFORMATION IN THE CLAIM FILE, IT IS NOTED THAT AS THE CITY GROWS IN THE FUTURE, THE PLACE OF USE WILL BE ENLARGED. IT IS QUESTIONED WHETHER THE PLACE OF USE MAY BE INCREASED BEYOND THE CLAIMED WATER SERVICE AREA.
PRIORITY DATE:THE PRIORITY DATE IS IN QUESTION. ACCORDING TO INFORMATION IN THE CLAIM FILE, CONSTRUCTION OF THE WATER DISTRIBUTION SYSTEM BEGAN IN THE SPRING OF 1885, CUSTOMERS BEGAN BEING CONNECTED TO THE SYSTEM IN THE FALL OF 1886, AND CONSTRUCTION COMPLETED IN JANUARY, 1887. SYSTEM WAS FIRST TESTED IN MARCH, 1887.
SUPPLEMENTAL RIGHTS: THE COMBINED CLAIMED VOLUME FOR THE FOLLOWING CLAIMS IS 59,280 GALLONS PER CAPITA PER DAY (GCPD) BASED ON THE 1970 CENSUS POPULATION OF 61,581 PEOPLE AND A TOTAL CLAIMED VOLUME OF 4,089,152 ACRE-FEET. THIS APPEARS EXCESSIVE FOR THE CLAIMED PURPOSE. W208213-00, W208214-00, W208215-00.
SUPPLEMENTAL RIGHTS:THE COMBINED CLAIMED FLOW RATE FOR THE FOLLOWING CLAIMS IS 5,648 CFS WHICH APPEARS TO EXCEED THE CAPACITY OF THE DIVERSION SYSTEM. AS OF 1973, THE TOTAL CAPACITY WAS 150.73 CFS. W208213-00, W208214-00, W208215-00.
1885 priority date: This is the date of the claimed right. From the remarks above, it appears that Billings could not have begun using the claimed right in 1885.
Diversion capacity: This is the amount of water that the City has the actual capability to divert from the river. It appears clear that at no time have they had the capability to divert more than 150.73 cfs. Not 5,648 cfs. 150.73 cfs is the most water this system was able to divert, pre 1973, and that is all they can legitimately claim.
Claimed volume: As you can see, the volume claimed would equal 59,280 gallons of water per day for each and every person in the city of Billings. From what information I can find, 250 gallons per day per person is standard.
So there you have it. Remember, there are already objections to these claims lodged by senior, upstream water right holders, with very good claims. And do not forget the claims by Wyoming, which are also very real and legitimate.
This however, is from the Temp. decree, which is going into the Objections stage. These are issue remarks on the three municipal claims for the City of Billings.
Two of these claims are supplemental, however, the claimed diversion and volume amounts are all added together to equal the maximum diversion of water that the Billings water system could handle - in 1973.
THE CLAIMED FLOW RATE IS IN QUESTION. ACCORDING TO INFORMATION IN THE CLAIM FILE, THE CAPACITY OF THE DIVERSION SYSTEM IS 150.70 CFS.
PLACE OF USE: ACCORDING TO INFORMATION IN THE CLAIM FILE, IT IS NOTED THAT AS THE CITY GROWS IN THE FUTURE, THE PLACE OF USE WILL BE ENLARGED. IT IS QUESTIONED WHETHER THE PLACE OF USE MAY BE INCREASED BEYOND THE CLAIMED WATER SERVICE AREA.
PRIORITY DATE:THE PRIORITY DATE IS IN QUESTION. ACCORDING TO INFORMATION IN THE CLAIM FILE, CONSTRUCTION OF THE WATER DISTRIBUTION SYSTEM BEGAN IN THE SPRING OF 1885, CUSTOMERS BEGAN BEING CONNECTED TO THE SYSTEM IN THE FALL OF 1886, AND CONSTRUCTION COMPLETED IN JANUARY, 1887. SYSTEM WAS FIRST TESTED IN MARCH, 1887.
SUPPLEMENTAL RIGHTS: THE COMBINED CLAIMED VOLUME FOR THE FOLLOWING CLAIMS IS 59,280 GALLONS PER CAPITA PER DAY (GCPD) BASED ON THE 1970 CENSUS POPULATION OF 61,581 PEOPLE AND A TOTAL CLAIMED VOLUME OF 4,089,152 ACRE-FEET. THIS APPEARS EXCESSIVE FOR THE CLAIMED PURPOSE. W208213-00, W208214-00, W208215-00.
SUPPLEMENTAL RIGHTS:THE COMBINED CLAIMED FLOW RATE FOR THE FOLLOWING CLAIMS IS 5,648 CFS WHICH APPEARS TO EXCEED THE CAPACITY OF THE DIVERSION SYSTEM. AS OF 1973, THE TOTAL CAPACITY WAS 150.73 CFS. W208213-00, W208214-00, W208215-00.
1885 priority date: This is the date of the claimed right. From the remarks above, it appears that Billings could not have begun using the claimed right in 1885.
Diversion capacity: This is the amount of water that the City has the actual capability to divert from the river. It appears clear that at no time have they had the capability to divert more than 150.73 cfs. Not 5,648 cfs. 150.73 cfs is the most water this system was able to divert, pre 1973, and that is all they can legitimately claim.
Claimed volume: As you can see, the volume claimed would equal 59,280 gallons of water per day for each and every person in the city of Billings. From what information I can find, 250 gallons per day per person is standard.
So there you have it. Remember, there are already objections to these claims lodged by senior, upstream water right holders, with very good claims. And do not forget the claims by Wyoming, which are also very real and legitimate.
posted by a-fire-fly at 10:20 AM
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