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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />In 1993 and 1994, the company refused to honor a river call issued by the Division <br />Engineer and diverted water out-of-priority. For the ensuing litigation, the Division Engineer <br />quantified the amount of water diverted in priority in 1993, and only those volumes are reflected <br />in Table 5. The records for 1994 were not adjusted by the Division Engineer and are not <br />included in the analyses. <br /> <br />Irriaated Crops and Acreaae. The irrigated crops and acreage were based on interviews of <br />the owners in 1986 and aerial photographs (1986, Tipton). Excluding the CECC, the irrigated <br />acreage for the sellers totaled 2,830.7 acres. The typical cropping pattern is: <br /> <br />Alfalfa <br /> <br />Corn <br />Winter Wheat <br /> <br />Grain Sorghum <br /> <br />Pasture <br /> <br />46.3% <br />14.4% <br />4.6% <br />16.7% <br />18.0% <br /> <br />The CECC is water short, and therefore, the reduction in deliveries from the Highland <br />Canal will result in less consumptive use by CECC's shareholders. To account for the CECC <br />shares, the irrigated acreage under the Highland Canal was increased by 168 acres to 2,998.7 <br />acres using the acres/shares ratio for the other sellers. <br /> <br />Historical Consumptive Use. A water budget procedure was performed using a monthly time <br />step to estimate consumptive use and stream depletions caused by the sellers' use of water. <br />The procedure accounts for the canal and lateral losses, application to the fields, crop <br />consumptive use, deep percolation, tail water and return flows. The consumptive irrigation <br />requirements were estimated using the modified Blaney-Criddle method (1971, USDA) and <br />temperature and precipitation data for Las Animas (1993, NOAA). <br /> <br />The historical consumptive use by the sellers averaged 4,882 acre-feet annually (1.37 <br />acre-feet per share) for 1950 through 1993 and ranged from 1,698 acre-feet in 1964 to 7,961 <br />acre-feet in 1983 as shown in Table 6. The historical consumptive use includes crop ET, soil <br />evaporation during the winter, and ET derived from canal and lateral losses. The potential net <br />soil evaporation rate for November through March was estimated at 3 inches but was limited to <br />actual applications and soil moisture. The ET from canal and lateral losses was estimated to be <br />5 percent of the loss. Portions of the return flows from ditch seepage, deep percolation, and tail <br />water are consumed by vegetation or evaporated. These additional consumptive uses were not <br />estimated for this investigation. <br /> <br />Page 6 <br />