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Section 5
<br />Legal and Engineering Considerations
<br />urban water uses provide base f lows f or many of the small urban creeks that support
<br />riparian habitat and aquatic species. Irrigation ditches also support important riparian
<br />vegetation such as cottonwoods and willows. These plants in turn support f auna that
<br />would not be able to exist without them. Lining the canals, ditches, and laterals
<br />throughout the state with concrete would result in a significant loss of important
<br />riparian habitat. Reduced return flows could tend to have an adverse affect on water
<br />quality as the dilution flows are reduced; however, depending on soil conditions
<br />some water quality improvements could occur if less salts and minerals are leached
<br />from soils in the return flow.
<br />In a change case, the
<br />ff ~~ ~ ~ ..~ . ~;~'~~' '~3. _ measure of the water right
<br />. ,~
<br />~.
<br />' _ = ' ~~'~-~°'' ~~;~ is the amount that was
<br />- .
<br />- f~ ~,~
<br />_ ~~~ .. ~ ~ ~..; .~ _ ~; - ~ .~~,~~, historically consumed (not
<br />~. ~,~ ~ r ... -,
<br />_ ~~ - ; -: -- _ F - ~ ~ - the amount diverted) under
<br />,w
<br />.. _
<br />}~~ ~ ~ ~' ; °~~~~~ ~ ' ~ ~ ~ ~ the water ri ht. Thus onl
<br />~.. ,.
<br />- .w.
<br />sw
<br />- -_
<br />""~ ~, ,~~~ i~ ~}-~~ ~ ~W. ~ ~- _ the amount of water that
<br />~~ ~ ,-
<br />-..
<br />~- ~ the cro s consumed minus
<br />fir ar; '°+- 3
<br />'~ ~~ ~~ ~~ X ~+~~ A ~ e~. ~ ~€ a~ ~ ~~.. ~~ :~' ~ ~ ~a;~ effective precipitation) may
<br />~.
<br />I+~~ ~ ' be transferred f or a new
<br />~~ fi consumptive use at the
<br />. ~ ~ .-~
<br />~~
<br />~~ ~''~~i`~~~~"~'~u~~'~ ~ ~ a~ ~' *`~ ~ ~~r~' existing or a new location.
<br />~~ ~' ~ "~ , `~~i'd°~'' This limitation ensures that
<br />` ! 9 !L
<br />`~ ~~'.r ~- ' ~` - "~~ ~ the chap e will not enlar e
<br />~~ ~~~ g g
<br />+.:.
<br />~~~ ~~~~ ~~~ ~~ ~ ~ ~,~~ ~ ~ ~ ~ - ~ ~ ~~~~.~~~ _ ~~~~~ ~~ the historical i pact of the
<br />~ ! a. 'i
<br />`~ ' ~ ~ ~~~ ° ~ ~ ~~ ~j ~ ~~h~~~ ~''R' ~ ~~4 ~° water ri ht on the stream
<br />'~4fa ,u n4} ryd ~, .A ~~ .~ ~-- a `" 7~~~ s n ~~q.~'"I
<br />-~ ~~ f
<br />a~.~~~~a,~~a, ,,~~~~,,~~.~+ ~~~ .+~w~~ o~. ~, ~~ ~ ~~-~~ yste ,avoids g i ~ y to
<br />~. , s m 'n 'n'ur
<br />4.k ~ ~, e~ ; ~~ °~~ ~~ ;~~..~ _.~~ ~ ~I ~. ~ ~5 n ~;~,~'a a •.~ n`. a
<br />_ > 4
<br />~` w ~ ~ ~ ~~`~~'~~"~'# ""`°~° ~ ` '~ ~` ~~ ~ other water users. In
<br />i ~ ~
<br />~,
<br />x ~~~ ~4 ' 1~;,, ~~ ~ = ~~+ ~,n,,~,~..~.. ~. ~~. ~_ ~~ ~~~ ~ ~ ~ . ~ addition in a chap e of
<br />~~~~ ~~~ , W~~~,, ~ ,~ ~~ ~~ = ~ '~~~ ~~~~ ~~~,.~~4 ~~ . ~ ~. ~ ~ ~ ~ water right proceeding the
<br />~~` ~ }'~,~ ~ +l ~F$~~ ~~ 4 .~q ~ , 4 ~~ ~ ~a1~9' G~~~O 4 ~ '~ ~ 4` 9Y~ l~+r~~ ~~
<br />~- ~ .~4 ~ n~ ~~ _.~ ~~ ~~._~ ~~:~ ~ , .~ ~~'~~, a a licant must take
<br />pp
<br />appropriate steps to ensure that historical return flows f rom the use of the water in
<br />amount, timing, and location are maintained. This is required because other water
<br />users rely, and are legally entitled to rely, on those return flows to support their
<br />appropriation and uses of water.
<br />DRAFT 5-3
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