BOARD00051 ‎(2)‎

• Board Meeting Date: 11/13/2006
• Description: ISF Section - Consent Agenda - Case No. 7-06CW045, Application of Annala Living Trust
• Board Meetings - Doc Type: Memo

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Re: Case No. 7-06CW045, Annala

This instream flow also supplies the Hiline Ditch, Banks-Tyner Ditch, Campion
Ditch, and all others to the confluence with the Animas River.
The diversion for the McClure-Murray Ditch on the River is at a'paint_approximately
60 feet wide. This area is sand, gravel and large boulders, and the seepage down-
stream is approximately tcfs. About 450 teet downstream Meadow Creek supplies
i to i cts. Downstream between the Banks-Tyner and Campion Ditches, Long Hollow
adds i or more cfs to the river. This is used as needed for irrigation on soils
of the type on the West bank, and immediately adjaceIllt', to the River, adding return
flow to the River. The C\o1CB water right is maintained primarily by the t-icClure-
Murray and the soil structures of the area. Return flow is less on the East side.
The recommendation by the Dis~rict Engineer to Judge Lyons referencing 1.5 acres
of historic use comes from the Case No. 95CW31, ~~. Kimmel's transfer of the .663cfs
to the Banks-Tyner Ditch, which also changes historic use from crs to Acre Feet,
which decreases the amount of water.
The legal description of our land to be irrigated by our combined water rights in
the McClure-Murray Ditch, along with the transferred .25 cfs of F28, is as follows:
That portion of the NiNE!, NEtNWi, North 213.18 feet of the SEiNWi and
the North 213.18 feet of the S~NEi of Section 16 lying East of County
Road 222 and ~rest of the Florida River, 30 acres approximate.
One condition of acceptance of the CWCB water claim in 1981 was the requirement
by Judge Eakes was the installation of measuring and recording devices in the
river, and record keeping. Case No. W-1763-77.
In some instances, it appears the CWCB protests the diversion changes, but does not
address non-permited ponds, or ponds built merely to add to property values. These
ponds have evaporation losses and seepage. Also, we have been told by water officials
that the high priority water used for well augmentation is supposed to be allowed
to flow down river.

Very truly yours,

Annala Living Trust, Roy L. Annala TTE

Enclosures

Copies:

Hal Simpson
Bruce \~hi teheed
Jim lsger