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Lower San Miguel yVa~er Resource Planning Study Page 17 Surface Water Rights Factors Considered • The Johnson Ditch surface water rights are decree for "milling, industrial, domestic, power and irrigation purposes continually throughout each year", subj ect to certain decree limitations. • The Johnson Ditch water rights are pre-1922 water rights and would not be subject to a "Compact Call". • Use of the Johnson Ditch rights would allow the local governmental entities to meet drought and future development needs in the Lower San Miguel Basin. • The quantity of Johnson Ditch rights that could reasonably be expected to be changed, even though small, would still be sufficient to benefit the local governments. • The history of use may limit the use of the Johnson Ditch rights to 3-4 cfs and approximately 500 acre feet of consumptive use. (~'nnclu~inn~ The use of the Johnson Ditch water rights by the local governments in the lower San Miguel Basin appears to be a good fit. The Johnson Ditch rights have been changed to include multiple beneficial uses including milling, industrial domestic, power, and irrigation purposes. And, these are decreed for "year-round" use. A change of place of use would be needed through the water court and could draw further limitations on the decreed use. Miguel Power Company Canal Rights - Factors Considered • There appears to be little advantage to the conveyance of the Miguel Power Company Canal rights to the local governmental entities. The rights are non-consumptive and from the long history of non-use the utility of these rights would be very limited. • Any use of these rights by the local governmental entities would require a water court action and the chances of completing a successful change appear to be very remote. Again the reason for this is the history of use. Cnnc1ucinn~ Due to the limited use of the Miguel Power Company Canal water rights, i.e., non-consumptive, combined with the extended history of non-use, the utility of these water rights to the local governments appears very limited. ~Iuly 2008