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<br />Attachment 3 to CWCB Construction Fund Loan Application of The Model Land & <br />Irrigation Company, Item A-5. <br /> <br />Description of the Company's Water Supply Facilities. <br /> <br />The Company owns and operates a headgate on the Purgatoire River located <br />approximately five miles below the City of Trinidad through which the Company diverts water <br />into the Model Ditch. The Model Ditch has a capacity of approximately 200 cfs and is <br />approximately 29 miles long. The Ditch runs in a northeasterly direction from the Purgatoire <br />River to the lands irrigated by water carried by the Ditch. The Black Hills Reservoir (formerly <br />known as the Model Reservoir) is filled from the Ditch. The Reservoir is approximately 17 miles <br />down the Ditch from the headgate. The Ditch discharges directly into the Black Hills Reservoir, <br />and the Reservoir then discharges back into the Ditch. The Ditch then runs 12 miles from the <br />Reservoir to the irrigated lands. There is no facility to bypass water in the Ditch around the <br />Reservoir. There are approximately 6,177 irrigable acres under the Ditch. Attached hereto is a <br />copy of a map showing the approximate location of the Company's facilities and irrigated lands. <br /> <br />The Model Ditch has an adjudicated absolute priority for diversion of 200 cfs of water <br />from the Purgatoire River with a priority date of January 22, 1908. The Model Reservoir has an <br />adjudicated absolute priority for storage of 20,000 acre-feet of water from the Purgatoire River <br />and other sources with a priority date of January 22, 1908. Both facilities are adjudicated for <br />agricultural and domestic purposes. The Model Reservoir storage water right was transferred to <br />the Trinidad Reservoir by a decree dated December 3, 1976, entered in Civil Action No. 19793, <br />Las Animas County District Court. The Model Ditch water right is managed by the Purgatoire <br />River Water Conservancy District pursuant to a contract between the Company and the <br />Purgatoire District dated May 28, 1966, a copy of which is attached to this application. <br /> <br />In addition to the above water rights, the Black Hills Reservoir has an adjudicated <br />conditional priority for storage of 24, 123 acre-feet of water from the Purgatoire River and other <br />sources with a priority date of April 14, 1965, adjudicated in Case No. W-90, Water Division No. <br />2, in a decree entered as of May 25, 1972. This water right is adjudicated for domestic, <br />agricultural, industrial, recreation and other beneficial purposes. This water right is owned by <br />principal shareholders of the Company, who are John C. Oxley, Thomas E. Oxley and Charles C. <br />Killin, Co-Personal Representatives of the Estate of John T. Oxley, Deceased; Charles C. Killin as <br />successor Trustee of the Mary Jane Tritsch Trust, created by Declaration of Trust dated <br />September 3, 1952, as extended and amended; and R.H. Harbaugh, Jr., as successor Trustee of <br />the Thomas E. Oxley Trust, created by Declaration of Trust dated September 3, 1952, as <br />extended and amended. <br /> <br />Since the Company will not have the use of the Black Hills Reservoir during 1999, it will <br />be necessary to substantially reduce the number of acres irrigated from the Model Ditch in 1999. <br />Without the Reservoir the Company cannot manage its water supplies as efficiently as in prior <br />years. <br /> <br />ATTACHMENT 3 <br />