C-BT Tracking Rule

Modifications to the C-BT Project Water Tracking Rule

In early 2021, the Northern Water Board of Directors approved modifications to the 2018 Colorado-Big Thompson Project Water Tracking Rule and related Accounting Procedures and rescinded the 2012 Rules Governing C-BT and Windy Gap Project Water for Development of Oil and Gas Wells.

Frequently Asked Questions

When did the original C‐BT Project Water Tracking Rule and related accounting procedures become effective?

The rule and accounting procedures became effective on July 12, 2018.

Why did Northern Water pursue the rule?

The C‐BT Project was built with the understanding, memorialized in a contract with the United States, that project beneficiaries would have one use of the C‐BT Project water, and any flows returning to the river after that one use would be for the benefit of downstream water users within Northern Water boundaries. Demands on Northeastern Colorado’s water resources are increasing dramatically. Water suppliers responsible for meeting the demands created by population growth throughout the South Platte River Basin, and particularly in the Denver metropolitan area, are acquiring existing water rights within the boundaries of Northern Water to export for use outside the boundaries. Without proper recordkeeping and accounting, there is a risk that C‐BT Project water could be exported outside Northern Water boundaries and not be available for use in the lower reaches of the South Platte River.

What did the original 2018 C-BT Project Water Tracking Rule and related accounting procedures cover?

They covered accounting for the storage of C-BT in non-C-BT Project facilities, river diversion and river exchange of C-BT, domestic/municipal treated C-BT, and domestic/municipal C-BT return flows. 

What do the 2021 modifications to the C-BT Project Water Tracking Rule and related accounting procedures require?

The 2021 modification added accounting requirements for the use of C-BT for oil and gas well development and other non-allottee commercial and industrial uses. At the same time modifications to the C-BT Tracking Rule were approved, the 2012 Rules Governing The Use Of C-BT Project Water For The Development Of Oil And Gas Wells were rescinded.

What process did the Northern Water Board of Directors follow to adopt the 2018 rule and modified 2021 rule?

The Board of Directors followed a public rule-making process to adopt the 2018 rule and 2021 modified rule. The process for both included publishing notice of the draft rule in newspapers and a public hearing allowing for written and verbal public comments prior to the Board approving the final rule and related accounting procedures.

Was there other communication?

Prior to approving the 2018 rule and the 2021 modified rule and related accounting procedures, we communicated in writing with all account entities informing them of the proposed rule. We also met with many agricultural and domestic/municipal account entities.  

Does the C-BT Project Water Tracking Rule include accounting or other requirements for Windy Gap Project water or other non-CBT Project water?

No, the rule only concerns accounting for the use of C-BT. 

Does an entity have to submit accounting to Northern Water if that accounting has already been submitted to the Colorado Division of Water Resources?

Northern Water will use the information submitted to the Colorado Division of Water Resources that is publicly available, and will not require an additional submittal, if it provides the necessary information on the use and return flows of C-BT.