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<br />. P. Fritz Holleman, Esq. <br />January 25,2006 <br />. Page 4 <br /> <br />4. A water budget shows that there was a full water supply available to the Hat Creek Ditch. <br />Using the diversion amounts for those years with diversions, 23 years,. the historical <br />consumptive use averaged 35.4 acre-feet annually. The stream depletions, diversions <br />minus return flows, varied monthly during the irrigation season from 0.04 cfs in May to <br />0.31 cfs in June. In October and November, return flows exceed diversions so there is a <br />net accretion of 0.03 cfs and 0.02 cfs, respectively. The lag is caused by the factors used <br />to delay the ground water return flows. If years of non-use must be considered, the <br />historical consumptive use and stream depletions would have to be reduced by 41 <br />percent. <br /> <br />. <br /> <br />. <br /> <br />5. The Hat Creek Ditch water right of 2.0 cfs could be used in its entirety for instream flow <br />purposes on Hat Creek. Most, if not all, the return flows from the Hat Creek Ditch <br />diversions accrued to East Brush Creek. <br /> <br />6. The use of the Hat Creek Ditch water right on East Brush Creek and Brush Creek would <br />be limited to the monthly net depletion rates or historical consumptive use rates. The <br />depletion amounts could be quantified and then carried downstream, less transit losses, <br />through the segments of East Brush and Brush Creeks. <br /> <br />Sincerely yours, <br /> <br />HELTON & WILLIAMSEN, P.C. <br /> <br />fI~./l#jk~~ <br /> <br />Thomas A. Williamsen <br /> <br />TAW/mle <br /> <br />Enclosure <br /> <br />C:\V311\012506.TAW <br />