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Water Ri!!ht Donation Analvsis The Hat Creek Ditch historically diverted water from Hat Creek to i11'igate approximately 10 acres of land located east of Hat Creek and approximately 12 acres of land west of Hat Creek (see Figure 2). Historic i11'igation return flows associated with the lands east of Hat Creek accrued to East Brush Creek upstream of the confluence with Hat Creek. Historic i11'igation return flows associated with the lands wes t of Hat Creek accrued to Eas t Brush Creek, downstream of the confluence with Hat Creek. It was assumed that i11'igation return flows occu11'ed immediately or almost immediately to East Brush Creek, due to the proximity of the i11'igated lands to this creek. Diversion records indicate that the Hat Creek Ditch has not been diverting recently. However, when the Hat Creek Ditch was diverting, stream flows in East Brush Creek, upstream of the confluence of Hat Creek (a distance of approximately 1200 feet), were increased slightly from the i11'igation return flows associated with the lands i11'igated east of Hat Creek and stream flows in Hat Creek (approximately 2300 feet) and East Brush Creek, downstream of the confluence with Hat Creek (a distance of approximately 1800 feet), were decreased by the full amount of the Hat Creek Ditch Diversions. Based on the above estimates, not diverting at the Hat Creek Ditch benefits more instream habitat on Hat Creek and East Brush Creek than is obtained from the instream habitat benefits from the i11'igation return flows accruing to East Brush Creek. In addition, based on the relative quantity of stream flow in both creeks, the significance of the increased flow in Hat Creek is much greater than the slight decreased flow in East Brush Creek, above the confluence with Hat Creek. CDOW Recommendation Based on the above analysis, the DOW recommends the CWCB accept the donation of the water rights associated with the Hat Creek Ditch. Accepting this senior water right will potentially increase the amount of time the existing instream flow water rights on Hat Creek and East Brush Creek will be fully satisfied. Increasing the amount of time these water rights are fully satisfied should increase the quality of the instream habitats associated with these two creeks. If you have any questions regarding the above recommendation, please contact me at (303)-291-7267. Sincerely, Sent by electronic mail. Mark Uppendahl Colorado Division of Wildlife Instream Flow Program Coordinator Cc: Jay Skinner, CDOW Water Unit Program Manager Sherman Hebein, CDOW Senior Fish Biologist - Northwest Region Jenn Logan, CDOW Conservation/Aquatic Biologist