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Case No. 80CW18 <br /> Colo. Water Cons. Board <br /> 4 Hunter Creek <br /> 5. CWCB has obtained the right to use certain water <br /> rights owned by the White River National Forest based on a Memo- <br /> randum of Agreement between the Forest Service and the State of <br /> Colorado. CWCB and the Forest Service contemplate a land /water <br /> rights exchange in which the Forest Service will eventually con - <br /> vey the water rights involved herein to CWCB. Until. the details <br /> of that transaction are finalized, CWCB is allowed to use the <br /> water rights involved herein pursuant to the Memorandum of Agree- <br /> ment. <br /> 6. Based on evidence presented, the court makes the fol- <br /> lowing specific findings concerning this change of water rights. <br /> A. The McFarlane Ditch <br /> 1. The McFarlane Ditch holds Priority No. 479 in former Water <br /> District No. 38. This right was decreed August 25, 1949, <br /> for 15.3 c.f.s. with an appropriation date of August 4, <br /> 1946. <br /> 2. The decreed point of diversion for the McFarlane Ditch is <br /> located at a point on the north bank of Hunter Creek whence <br /> tract corner A.P.6 of Tract 37, TIOS R84W 6th P.M. bears <br /> N75 deg. 38'32 "W, 2,085.2 feet. <br /> 3. Source: Hunter Creek, a tributary of the Roaring Fork <br /> River in the Colorado River Basin. <br /> 4. The McFarlane Ditch was decreed for irrigation purposes and <br /> historically irrigated 76 acres of pasture grass. <br /> 5. Irrigation under the McFarlane Ditch resulted in an average <br /> historical consumptive use of 0.9 acre feet per acre of ir- <br /> rigated land. The lawful exercise of the McFarlane Ditch <br /> water right therefore resulted in an historical depletion <br /> to Hunter Creek in the amount of 57.8 acre -feet per year, <br /> which equates to a consumptive use flow rate of 0.23 c.f.s. <br /> 6. Historically, McFarlane Ditch water rights were used for <br /> irrigation from May 15 through September 15. <br /> B. The Evans No. 1 <br /> 1. The Evans No. 1 holds priority No. 606 in former Water Dis- <br /> trict No. 38. This right was decreed October 24, 1952, for <br /> 7.05 c.f.s. with an appropriation date of August 5, 1950. <br /> 2- <br /> [IIIMMEMMW <br />