BOARD00182 (2) - Laserfiche WebLink

Home Browse Search

1. . . . \: - 5 - East Brush Creek - There are several water rights on East Brush Creek decreed for irrigation, domestic, municipal and industrial uses. Water Commissioner Bill McEwen has informed staff that to his knowledge, there are no active diversions in the reach of East Brush Creek from just upstream of its confluence with Hat Creek to its confluence with Brush Creek. Staff also attempted to locate diversion records for these water rights with no success. 11. Potentiallniurv to Existing Rights Hat Creek - The Hat Creek Ditch water right, decreed for irrigation purposes in 1916, is the only ditch that actively diverted water from Hat Creek until early 1990's. The donated water right was historically used to irrigate approximately 22 acres of land. Except for a small amount of ditch seepage losses that might have returned to Hat Creek, the diverted water was fully consumptive to Hat Creek, as irrigation return flows accrued to East Brush Creek. There are no other absolute water rights that divert downstream of the headgate of the Ditch that could be injured if the Board changes the Hat Creek Ditch right to instream flow use. The Hat Creek Feeder Canal conditional water right owned by the Town of Eagle is senior to the Board's existing Hat Creek ISF water right and would be entitled to protection from injury related to any change of the Hat Creek Ditch (donated) water right. Although the change of use of the Hat Creek Ditch water right to ISF use is not expected to adversely impact the Town of Eagle's conditional water right, staff has notified counsel for the Town of this proposed acquisition. East Brush Creek - According to the Water Commissioner, there are no active diversions on East Brush Creek. The Town of Eagle has two conditional water right decrees on East Brush Creek. These rights, East Brush Creek Confluence Ditch and Town of Eagle Brush Creek Intake 1, were each decreed for 10 cfs with 1977 adjudication and appropriation dates. The use of the Hat Creek Ditch consumptive use credit to supplement the East Brush Creek ISF right is not expected to impact the Town's conditional water rights. Staff has notified counsel for the Town of this proposed acquisition. 12. Green Mountain Historic User Pool The Hat Creek Ditch water right is junior to the principal water right for the Shoshone Power Plant. According to Mr. Williamsen's engineering report, the Hat Creek Ditch benefited to some degree in some years from the Green Mountain Historic Users Pool (HUP) releases with respect to the Shoshone call. By changing the use to instream flow, the Hat Creek Ditch water right would lose the HUP protection and could be diverted by a downstream junior HUP water right. However, since there are no downstream diversions, the water will likely flow downstream, thus supplementing the ISF water rights on Hat and East Brush Creeks. 13. Effect of Proposed Acquisition on Maximum Utilization of the Waters of the State The Hat Creek Ditch water right historically was used to irrigate hay and pasture grass, and the consumptive use was historically lost to the stream. The proposal to change and use the water right for instream flow use will make water available for downstream use and contribute to the maximum utilization of the waters of the state. 14. Effect of Proposed Acquisition on Anv Relevant Interstate Compact Issue Based on the information currently available, the proposed acquisition does not appear to affect any interstate compact issue. Flood Protection. Water Project Planning and Finance. Stream and Lake Protection Water Supply Protection. Conservation Planning