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t.. . . . ~ -4- been used since 1993. For the 23 years when diversions were recorded, the diversions averaged 230 af/y. Peak day diversion rates averaged 1.4 cfs and ranged from 0.6 cfs in 1977 to 2.1 cfs in 1984. The diversion records also show that the first day of recorded diversion normally occurred in late May to early June and the last day of recorded diversion normally occurred in late August to early October. Diversions were nearly 100% depletive to Hat Creek, as most return flows accrued to East Brush Creek. Therefore, the historical depletion to Hat Creek is equal to the diversion rate, 2 cfs. The acquisition and change to instream flow use of the Hat Creek Ditch water right would enhance the seniority of the Board's existing Hat Creek ISF right in the amount of this diversion rate during the historical irrigation season. Mr. Williamsen also evaluated historical consumptive use for the Hat Creek Ditch. From 1951 through 2004, which includes the 15 years of non-use, the consumptive use is estimated to be approximately 21 af/y. The historical consumptive use amount available for ISF use on East Brush Creek ranges from 0.01-0.09 cfs during the historical irrigation season. The Hat Creek Ditch water right is a moderately senior water right in the Brush Creek basin. There are no call records for Brush Creek and apparently no evidence of any downstream senior call on Brush Creek that has called out the Hat Creek Ditch water right. The diversion records for 1977, considered to be a very dry year, show that the Hat Creek Ditch diverted a total of 114 AF from late June through late September. However, it is reasonable to note that in a dry year, the Hat Creek Ditch right could be called out in mid to late summer. 9. Potential Benefits of Donation Hat Creek - The Board currently holds an ISF water right on Hat Creek for 2 cfs during the summer and 1 cfs during the winter, adjudicated in 1987. This proposed acquisition would increase the reliability of the streamflows available to the existing ISF water right during a portion of the summer months since the acquired water would no longer be diverted. The increased flows will benefit resting and refuge habitat for the East Brush Creek brook and brown trout populations. In addition to providing benefits on Hat Creek below the historical diversion point, the Board's acquisition of this water right will protect flows above the diversion point from new junior water rights and thereby benefit the self-sustaining population of Colorado River cutthroat trout existing in that upstream reach. East Brush Creek -The Board holds an instream flow water right on East Brush Creek for 7 cfs during the summer and 4 cfs during the winter, adjudicated in 1977. The consumptive use associated with the Hat Creek Ditch water right could supplement the streamflows available to the East Brush Creek ISF water right, benefiting habitat for self-sustaining East Brush Creek populations of brook and brown trout. Accepting this senior water right will potentially expand the period of time the existing instream flow water rights on Hat Creek and East Brush Creek will be fully satisfied, which in turn should increase the quality of the instream habitats associated with these two creeks. 10. Other Water RiQhts in Proposed Reach Hat Creek - Except for two springs decreed to the U.S. Forest Service, there are no known absolute water rights that divert from Hat Creek. The Town of Eagle has a conditional water right for the Hat Creek Feeder Canal, decreed in CA 1529 on May 31, 1972 for 27 cfs with an appropriation date of October 6, 1966. The proposed point of diversion is downstream of the headgate of the Hat Creek Ditch. Flood Protection · Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning