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<br />CONSUMPTIVE USE ISSUES AND <br /> <br />HB 1110 <br /> <br />Measurement of historic crop consumptive use has become a <br />rather straight forward engineering analysis. There are two <br />standard methods, either Blaney-Criddle or Jensen-Hayes, whereby <br />the historic usage is calculated based upon the crop type, <br />elevation, meteorological records, and water availability. <br /> <br />Irrigators have long been able to transfer a reduced <br />consumptive use from the crops which they irrigate. The method of <br />reduction has been either permanently reducing the acreage cropped, <br />or permanently changing the crop type to a less consumptive crop. <br />The latter is especially risky, as this limits the future crop <br />changes that an agriculturist can make. Any other changes which <br />an irrigator makes to the system to make it more efficient does not <br />reduce the consumptive use, only the diversion. Thus, in a change <br />case involving that water right, any other water rights holder <br />would have standing to challenge that change, and most likely, <br />would challenge that transfer (this is the "Shelton Farms" case <br />which we have heard so much about from the opposers). <br /> <br />The following scenarios could be envisioned: <br /> <br />An upstream junior which would have the "call" reduced <br />in either duration or severity would oppose a water rights change <br />based upon a reduction only in diversion. This potential for <br />uncompensated expansion of another water right by virtue of a <br />irrigator's efficiency would not be recognized. <br /> <br />A water right on another tributary to the same downstream <br />river segment, a segment which has a senior call, may claim injury <br />from a reduced return flow, which historically has helped to "make <br />up" the call. This would be recognized as injury under HB 1110. <br /> <br />An instream flow upstream of the diversion, <br />historically has benefited from the downstream senior call. <br />would be recognized as injury under HB 1110. <br /> <br />which <br />This <br /> <br />A dQwnstream junior water right, which historically has <br />benefitted from the return flow. This would be recognized as <br />injury under HB 1110. <br />