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Flow conditions in the Rio Grande are such that the Empire Canal is typically able to divert <br />approximately 318 cfs for much of the early irrigation season (through priority number 236-A). <br />After peak flow periods and as the River drops below 1,000 cfs, the Canal is typically in priority <br />for less than 10 cfs. <br />The main Empire Canal extends from the Rio Grande to the Alamosa River. There are several <br />private headgates to farms off of the main canal. Other deliveries are made to large laterals, then <br />delivered to individual farms. There is a transfer canal that is used to carry water from the <br />Alamosa River to La Jara Creek. Water can also be diverted (priorities 105 and 106 on Alamosa- <br />La Jara system) from the Alamosa River and La Jara Creek. Because water can be diverted at <br />these three locations, the Company works with State Water Commissioners from both District 20 <br />and District 21. <br />Water Right Changes, Transfers and Agreements <br />There are three important legal actions that affect water supply and operations of the Company, <br />including: <br />Direct Flow Storage: As decreed in Case No. 95CW018, the Company may store water <br />under direct flow water rights in either Santa Maria Reservoir, Continental Reservoir or <br />Rio Grande Reservoir. This decree also formally recognized the practice of aquifer <br />recharge as a beneficial use. Historical practices of the Company related to the direct <br />flow storage decree is discussed below in the section titled Use of Storage Water. <br />Winter Recharge: As decreed in Case No. 79CW091, the Company may divert water <br />under direct flow water rights during the winter months for the purpose of recharging the <br />unconfined aquifer lying within its service area. Historical practices of the Company <br />related to recharge is discussed below in the section titled Use of Groundwater. <br />Special Water: As previously described, the Company is obligated to deliver water <br />diverted under one of its priorities to the Colorado Division of Wildlife. This right was <br />previously owned by the Davis Bengle Ditch and is decreed for 6.00 cfs. This water is <br />not available for use by other Company share owners unless it is not used by the CDOW <br />Drainage Water Rights <br />The Company does not own drainage or seepage ditch water rights, although there are several <br />important drains within its service area, as follows: <br />Waverly Seepage Ditch <br />Bowen Drain Distribution Lateral System <br />Carmel Drain Supply Ditch <br />The Carmel Drain drains lands that are irrigated primarily under the Monte Vista Canal. The <br />Waverly Drain drains lands irrigated under the Empire Canal. The Bowen Drain lies on the west <br />side of the Company service area and drains lands irrigated by both the Empire and Monta Vista <br />canals. There is significant use of drain waters within the Company service area. Much of this <br />use requires pumping from the drains to supply irrigated lands. <br />C:Acdss\EMPCanal.doc Commonwealth Irrigation Co. Interview June 23, 1999 -Page 3 of 7 <br />