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i <br />CHAPTER IV <br />UTILIZATION OF AGRICULTURAL WATER RIGHTS I <br /> <br />Junior and Upstream Water Rights <br />Rights that are junior to the Cameo call and junior to Green Mountain could be of benefit <br />during the window between 2,260 and 2,380 cfs at the Cameo gage. For these rights to be a <br />benefit, they must be senior to a sufficient number of other upstream rights. When the flow <br />falls below 2,260 cfs, the Cameo call would essentially control the river. Below 2,260 cfs, <br />junior rights would still be of benefit if they could call on Green Mountain Reservoir. The <br />use of Green Mountain Reservoir water for irrigation requirements is clear, but it may be <br />interpreted that the reservoir was not constructed to meet instream flow requirements. How <br />the courts would rule on the change of use from agricultural irrigation to instream flow <br />would impact the viability of using these rights. Due to the limited opportunities to use <br />junior rights and the uncertainty of the use of Green Mountain water, upstream junior rights <br />were not evaluated in any further detail. <br />Upstream and Senior Rights <br />The 1988 Colorado State water right tabulation was sorted and water rights meeting the <br />following criteria were selected: <br />1) water rights upstream and senior to GVWUA, <br />2) absolute rights, <br />3) no alternative points of diversion were included, <br />4) only "transfers to" were considered, no "transferred from," <br />5) the decree was within climatic zones 1 through 5. <br />Only irrigation rights were included since it could be costly to purchase industrial, municipal <br />or domestic rights. The resulting list was then sorted according to structure name. Then the <br />decreed amounts for structures with the same name were added together and each structure <br />was represented by one record in the data base. The list was sorted again, this time <br />according to the decreed amount. <br />The WAC developed a 10 cfs minimum diversion rate as a guideline for evaluating direct <br />flow water rights. Using this same criteria, all water rights less than 10 cfs were eliminated. <br />The resulting list of 77 direct flow water rights is included in table 4. This information is <br />useful because it shows that there is a significant amount of senior water rights available <br />upstream of Cameo. It also indicates that it could be a reasonable task to focus efforts on a <br />limited number of existing agricultural rights for the purpose of acquiring instream flow for <br />the Reach. <br />24