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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 />Reservoir, the application filed for a total and aCtive capacity of 110 acre feet, dead storage of 0 acre feet, <br />a surface area of 7.3 acres and a 900 ~oot long dam with a maximum height of 30 feet. <br /> <br />Streamflow A vaiIability <br /> <br />Bard Creek at the point of diversion has a drainage area of approximately 11.0 square mil~s (see Figure <br />2). Physical availability of streamflow for diversion to the Ball Placer reservoir was determined by <br />analysis of USGS streamflow records for USGS gaging stations at Clear Creek Near Lawson (USGS Gage <br />NQ 06716500, with approximately 55 years of record) and West Fork Clear Creek Above Mouth Near <br />Empire, Colorado (USGS Gage NQ 06716100, with 7 years of record). <br /> <br />For the Clear Creek Near Lawson station, the average yield for the period of record is 709.5 acre- <br />feet/square mile with the driest year on record (1954) yielding 356.2 Acre-Feet/Square Mile (50% ofthe <br />average yield). For the West Fork Clear Creek station, the average yield for the period of record is <br />1059.3 acre-feet/square mile. Since the period of record is relatively short for the West Fork station, the <br />driest year yield is estimated at 50 % of the average year yield or 529.7 acre- feet/ square mile. <br /> <br />At the Bard Creek point of diversion, average year yields would be about 11,665 acre-feet/year and dry <br />year yield would be about 5832 acre-feet/year. <br /> <br />Water Rights Evaluation <br /> <br />Several existing water rights exist on Bard Creek that are senior to the application for Ball Placer <br />Reservoir. These existing water rights are summarized in Table 1. Historic senior division calls are <br />common on the stream and it is anticipated that water can be diverted one year in four on average. <br />Diversions from Bard Creek will most likely occur in Mayor June as a result of snow-melt runoff. At <br />the maximum decreed diversion rate of 5.0 cubic feet per second, it would take approximately 11 days <br />to fill the reservoir. <br /> <br />LEGAL/REGULATORY CONSIDERATIONS <br /> <br />Town of Empire <br /> <br />The majority of the site is currently owned by the Town of Empire with a small portion in private <br />ownership. The site is currently zoned Residential R-l and use of the site as a reservoir will require <br />approval by the Town of Empire as a "Use By Special Review". The majority of the property was <br />deeded to the Town of Empire by a warranty deed subject to the following restriction: <br /> <br />4 <br />