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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 />Water Ri~ <br /> <br />Some perceived and real water right issues apply to water that was historically used for <br />agricultural irrigation and is proposed for landscape irrigation. Most often a mutual <br />irrigation company's decree is worded such that the water right is associated with <br />"irrigation" and irrigation is irrigation, whether used for agricultural crops or landscapes. <br /> <br />Some urban projects are built on land that may not have been irrigated or that was only <br />partially irrigated previously. Bringing new ground under irrigation can be an issue and, <br />in all likelihood a Colorado Water Court issue, which can result in a lengthy and costly <br />legal process. A water court action of this type almost always results in a reduction of, or <br />a court-imposed limitation on the water right in question. It is also possible that concerns <br />related to historic irrigation can be resolved with a suitable mix of water holdings. <br /> <br />A review of the water rights under the Highland Ditch system was performed with the <br />presumption that there will not be a change in use or a change in place of use because a <br />pressurization of the system will provide for continued irrigation within the Highland Ditch <br />service area. <br /> <br />Shareholders under the Highland Ditch system own a variety of both direct flow water <br />rights and storage water rights. These water rights are used in varying combinations to <br />provide for early season and late season crop water requirements. <br /> <br />As urbanization occurs, it is presumed that all Colorado Big-Thompson (C-BT) units will <br />gradually but eventually be turned over to potable water purveyors. Therefore, this water <br />source is not considered under a future built out urbanization scenario. <br /> <br />The Highland Ditch Company holds a direct flow water right from the St. Vrain Creek that <br />normally furnishes a good supply of early season water from May 15 to July 4. There are <br />700 shares outstanding in The Highland Ditch Company and 25.5 "non-voting" shares. <br /> <br />Direct flow rights are summarized in Table 1. <br /> <br />Table 1. Hi <br /> <br />hland Ditch Direct Flow Ri <br />Priority <br />Number <br />46 <br />60 <br />31 N.S. <br /> <br />hts Summa <br />Direct Flow Right <br />CFS <br />205.46 <br />23.57 <br />95.00 <br /> <br />Appropriation Date <br /> <br /> <br /> <br />November 30, 1871 <br />June 1, 1878 <br />Se tember 20, 1902 <br /> <br />The total direct flow right from all three decrees is 324.03 CFS. Historic annual <br />diversions from 1950 to 2001 are shown in Figure 2. <br /> <br />The historic annual yield is 18 acre-feet per share for direct flow, so with 725.5 shares <br />outstanding, approximately 13,059 acre-feet of water is available to meet early season <br />needs. <br /> <br />Aqua Engineering, Inc. <br />November 8, 2004 <br /> <br />Canal Modernization Feasibility Study <br />- 6- <br /> <br />