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Lower San Miguel yVa~er Resource Planning Study <br />Page 15 <br />Conclusions <br />Any effort to change the full Johnson Ditch water rights to instream flow <br />uses while maintaining the decreed amount and the original priority date will most <br />certainly come under great scrutiny in water court. Should a change be successful <br />it would most likely result in a greatly reduced amount and a possible <br />subordination of priority. Depending on the results of the water court change, <br />water rights administration in the basin could be significantly affected. <br />Miguel Power Company Canal <br />Factors Considered- <br />• Changing the Miguel Power Company Canal rights to instream flow <br />would have the same advantages as changing the Johnson Ditch rights. <br />The priority would not be as senior, but the water could be used to <br />provide a portion of the new appropriation or, could be used to improve <br />the natural environment with the necessary findings by the CWCB. <br />• The Miguel Power Company Canal rights are non-consumptive and the <br />instream flow use would also be non-consumptive. <br />• The Miguel Power Company Canal water would have to go through a <br />change of type of use and place of use. <br />• The history of use of the Miguel Power Company Canal right is so <br />limited that it could be more problematic than the change of the Johnson <br />Ditch rights and may result in little, if any, changed water for instream <br />flow. <br />• To the extent the change is successful the San Miguel Basin could <br />experience a senior call that had not been felt in over 6o years. This <br />could significantly alter the current water right administration and <br />historic use of water in the basin. <br />f nnrl»~cinn~c <br />Even though the Miguel Power Company Canal water rights are non- <br />consumptive rights and would at first blush be a "perfect fit" for a change to <br />instream flow uses, the relatively long period of non-use will most likely result in <br />a greatly reduced quantity of water changed and a possible subordination of <br />priority. If this were true, a new junior instream flow appropriation could <br />accomplish the same goal at much less expense to everyone involved. Should a <br />decree be rendered with a senior date, water administration in the basin could be <br />significantly affected. <br />~Iuly 2008 <br />