Kern Board developing policy for use of Kern Lateral
July 11, 2017
Bradly Grasmick, the Kern Reservoir and Ditch Company's water attorney, is working to create a policy that could allow others to use the Kern Lateral for their water supply.
Grasmick presented initial thoughts on the policy to the Kern Board, comprised of the Windsor Town Board members according to the company's by-laws, and will continue to develop the policy.
The purpose of the policy, Grasmick said, would be to "get the full benefit of the capacity in the Kern Lateral," a ditch that runs from the Kern Reservoir, more commonly known as the Windsor Lake, to the Poudre River.
The Kern Reservoir and Ditch Company owns Windsor Lake and the water rights stored in the lake, however, according to Town Attorney Ian McCargar, all of the shares in the company are owned by the town, and the town board members serve as the board of directors for the company.
An excess capacity policy, which has not been acted on by the board, only discussed, would establish rules for its use, Grasmick said.
"At times there is space in that ditch that is in excess of what the Kern and the town need to deliver their water supplies," he said. "So it's really opening up that space for use by others in exchange for the Kern receiving a monetary benefit."
If approved, the policy would include elements like a fee for the use of the lateral, but Grasmick said it is still in the development stages.