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<br />3.2.3.6 Municipal and Industrial Water Development <br /> <br />In the longer term, the LPWCD together with the Animas-La Plata Water Conservancy District <br />have plans to develop a rural domestic water system with water from the Animas La Plata <br />Project. This could help flows in the La Plata River in two ways. First, using ALP Project water <br />would reduce the need for additional water being diverted from the La Plata River for domestic <br />non-irrigation purposes. Second, using the ALP Project water would also bring more water into <br />the basin causing increased return flows to the La Plata River through ground water returns. <br /> <br />3.2.3.7 Acquiring Other Water Rights <br /> <br />There may be opportunities in the future to acquire some of the more senior water rights on the <br />La Plata River that could be used in the MA. Delivering this water would likely need to be <br />through either of the ditch systems that currently feed the MA, as the river upstream of the MA is <br />a losing section of river. This will ensure delivery as needed in the drier seasons. <br /> <br />3.2.3.8 Applying for an Adjudicated Instream Flow Right on the La Plata River Through <br />the MA <br /> <br />Reclamation considered requesting a new adjudicated instream flow right on the La Plata River <br />to protect the existing low flows through the MA. It was thought that this mechanism would <br />allow for protection of the "status quo" of water to maintain current conditions through the MA. <br />The source of water for this flow is return flows from irrigation. An adjudicated instream right on <br />the La Plata River through the MA can be described as a waste-water right, which is entirely <br />conditional upon the primary water users (Ken Beegles, District 7 Water Engineer, personal <br />communication) since the current late season flows through the MA are supported almost solely <br />by irrigation return flows. Reclamation realized that the instream flow protection would not <br />guarantee flows because it cannot force agricultural practices on a contributing tract ofland to <br />remain the same, i.e. an irrigator could stop irrigating, change their water use practices, subdivide <br />their property, etc. <br /> <br />Discussions with the Executive Director and Chairman of the CWCB resulted in Reclamation <br />understanding that a new adjudicated instream flow on the La Plata River would not be approved <br />because of possible restrictions the instream flow right could place on water management and <br />development within the La Plata River drainage. However, utilizing existing water rights that <br />Reclamation currently has (Pine Ridge Ditch and Huntington), a dedicated instream flow could <br />be accomplished. This type of in stream flow was discussed in Section 3.2.3.3. <br /> <br />-35- <br />