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<br />. <br />. <br />. <br />. <br />. <br />I. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />right to non-agricultural purposes, it is generally necessary to both make provisions to maintain historical <br />return flow and to assure that consumptive use of the water for the new purposes does not exceed the <br />historical consumptive use that would have occurred under the same or similar hydrological conditions <br />under the historical method and pattern of use. In the evaluation of a water right, it is therefore necessary <br />to determine not only the historical use, but also the historical consumptive use of the water right. For <br />example, a water right that has historically been used for non-consumptive purposes, although having an <br />extensive history of usage, would not be valuable for purposes of a change of water right for augmentation <br />purposes. Because the water right had no historical consumptive use, there would be no transferable <br />consumptive use that could be used to offset depletions by other uses under a plan for <br />augmentation. <br /> <br />It is legally feasible to change the Keesee Ditch to augmentation use to augment stream depletions <br />occurring below John Martin Dam. The Keesee Ditch historical consumptive use and return flows can be <br />qUfUltifIed. The Keesee Ditch's share of Conservation Storage is released to an Article II Storage AccoUnt <br />in John Martin Reservoir. The water so stored can be allocated between historical consumptive use and <br />return flows. The return flows may be released from John Martin Reservoir as needed to replicate <br />historical return flows. The Keesee Ditch direct flow water rights stored in the Offset Account and Article <br />II Storage Account water that is transferred into the Offset Account can be "booked-over" to Kansas and <br />credited against depletions to usable state line flows attributable to LA WMA's shareholders' water usage. <br />The consumptive use can be released to replace then-occurring stream depletions or transferred into the <br />Offset Account. <br /> <br />When the Arkansas River is operating on the intrastate priority system, the water available in <br />priority at the headgate of the Keesee Ditch can likewise be allocated between consumptive use and return <br />flows. The quantity of water available can be diverted into the ditch or left in the stream for augmentation <br />credit. The consumptive use portion can be used to replace then-occurring stream depletions caused by <br />post-Compact well pumping. In addition, the Keesee Ditch consumptive use and return flows may be <br />directly stored in the Offset Account. This flexibility in means of use makes the Keesee Ditch Water Rights <br />very useful for augmentation purposes. <br /> <br />c. Physical Feasibility <br /> <br />A change of the Keesee Ditch Water Rights is physically possible, including augmentation use <br />downstream of John Martin Reservoir. As explained above, the Keesee Ditch water is stored in John <br />Martin Reservoir when the reservoir is not in Conservation Storage. The consumptive use portion of that <br />water may be delivered to the Offset Account and used to replace depletions to usable state line flows. <br />The Keesee Ditch's Article II Storage Account water may be released to replace historical return flows <br />or to replace stream depletions. Likewise, the Keesee Ditch's Article II Storage Account water can be <br />transferred into the Offset Account. When water rights are being administered on the intrastate priority <br />system, the water available at the Keesee Ditch headgate can be used for augmentation in the manner <br />described above. <br /> <br />Page 21 of 66 <br />