Allottee Documents

Northern Water has a number of documents that could impact C-BT allottees and water users. These documents include programs, policies, guidelines, rules and procedures.

Not all programs or policies adopted by the Northern Water Board have corresponding rules and procedures.

Rules, if applicable, describe a corresponding program or policy and how Northern Water implements that particular program or policy.
   
Procedures, if applicable, typically describe operational details of a corresponding program or policy. 

You can download PDFs of the programs, rules, policies and guidelines listed on this page.

Annual Carryover Program

Carryover Capacity Transferability Program

Regional Pool Program

Ownership Limitations and Restrictions

  • Base Water Supply (“Base Water Supply Resolution D-1288-03-17”) Since C-BT is a supplemental water supply, contracts will only be issued when a specified native water supply is present on the lands identified in the contract. Field exams are conducted to ensure that base supplies are present. 

  • Ownership Limitations (“Interim Guidelines on Limitations on Ownership of C-BT Allotment Contracts for Domestic or Municipal Purposes, February 10, 1995”) Municipalities and domestic water suppliers are required to conform to ownership limits based on their existing base water supply, current C-BT ownership, existing demand and commitments for service.

  • Requirement of Land Ownership (“Storage and Parking Agreement Rule, August 8, 2008”) C-BT allottees must own the land associated with the water allotment contracts. C-BT contracts cannot be “parked” on lands owned by others.

  • Inactive Accounts (“Inactive Allotment Contract Account Rule, August 8, 2008”) If land is sold without the C-BT water, and if the contract holder owns no other land eligible for C-BT use, the contract holder must apply to change the units to inactive status. The contract owner has 12 months to either acquire land or find a buyer for the inactive units. If units remain in the Inactive Account at the end of the 12-month period, Northern Water will sell the units at auction, with the auction proceeds returned to the contract owner.

  • Requirements for Special Districts (“Policy Regarding Transfer of Colorado-Big Thompson Project Water Allotment Contracts to Special Districts for Municipal Water Supply Purposes, February 13, 2009”) For special districts that deliver C-BT water, the ownership transfer process includes a requirement of demonstrating that the C-BT units are needed for legitimate, planned and documented beneficial uses.

  • Requirements for Nonprofit Financing Corporations   (“Allocation of Water to Colorado Non-Profit Corporations Formed as a Financing Vehicle for a Governmental Water Provider, October 14, 2005”) If allotment contracts are issued to nonprofit corporations formed as financing vehicles for a municipality or special district, the nonprofit corporation is bound by the same restrictions that would be imposed on the municipality or special district itself. 

  • Limitations for Dry-Up Requirements (“Interim Policy Regarding Use of Colorado-Big Thompson (C-BT) Project Water on Lands Affected by Dry-up Requirements, January 1, 2004”) If as part of a water right Change in Use or other Water Court action, the lands associated with a C-BT water allotment contract are part of a perpetual dry-up requirement, the use of C-BT water on that land is prohibited as well.

  • Transfer Fees (“Policy Regarding Name Change Transfer Fees, July 31, 2008”) The application for issuance of a new water allotment contract must be accompanied by an application fee. A reduced fee is allowed when the transfer is related to estate planning purposes.

  • Policies related to liens on Class D contracts – (“Rule Regarding Notice of Claim of Lien and Change or Removal of Allotment Contracts Issued by Northern Water, April 9, 2010”) C-BT allotment contracts are often part of the collateral financing for land purchases.

Water Allotment Contracts - Annual Assessments

Seasonal Transfers of Water

  • Rule 11 Policy – (“Policy regarding Rule 11 Assessments, Sept. 22 2015”) If the seasonal transfer moves water from a lower assessment class to a higher assessment class, or from a Unit 1 to a Unit 2 rate class, the receiving Account Entity will be billed for the differential cost.

Water Allotment Contracts - Additional Restrictions on Use

  • C-BT used as Replacement Water (“Use of Colorado-Big Thompson Project Water in Substitute Water Supply Plans and Plans for Augmentation, Interim Rule, May 2005”) C-BT water cannot be identified as a replacement source in decreed Plans of Augmentation. However, Northern Water does allow C-BT water to be used on a temporary basis in State Engineer-approved Substitute Water Supply Plans.

  • C-BT used for oil and gas development  (“Rules Governing the Use of Colorado-Big Thompson Project Water and Windy Gap Project Water for the Development of Oil and Gas Wells, May 2012”). Northern Water has adopted specific policies and regulations that are binding on its allottees to take necessary precautions to ensure that C-BT water stays within the boundaries of the District. Specific record-keeping is required of allottees who provide water for oil and gas development. 

  • Subcontracting of Beneficial Use of C-BT Water (“Rule Governing the Subcontracting of Beneficial Use of Colorado-Big Thompson Project Allotment Contracts, August 2016”) Allottees subcontracting water to another water user must obtain board approval. An Interruptible supply contract is an example of a type of contract that is subject to this Rule.

  • Use of C-BT Project Water for Hemp or Marijuana Cultivation The use of water from Federal water projects is subject to the provisions of the Federal Controlled Substances Act (CSA). The Bureau of Reclamation has adopted a policy which clarifies how Project beneficiaries can use C-BT water in a manner consistent with the CSA.

Water Allotment Contracts - Water Delivery