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obligations for this water included in change of use decrees. There are also numerous <br />augmentation plans that incorporate FHL water with terms and conditions on the use. <br />There are four classes of water users taking FHL water -- statutory, contract, schedule, <br />and stock. The principal ownership class is stock (share) water with the other classes <br />taking an insignificant amount of water in comparison. Therefore, change of use Water <br />Court cases for FHL water have most often assumed that stock water represents all of the <br />FHL direct diversions, as does this analysis. Company records show that there are <br />1113.7 shares of Class A and Class B stock. <br />With three shares, Wadley Farms No. 3 is entitled to a pro -rata portion of stock water <br />diverted into the canal, equal to 0.269 percent (3/1113.7 total shares) of diversions. The <br />HOA has ownership of 1.976 cfs as its pro -rata share of the 12 total FHL Clear Creek <br />direct flow rights. When the 1872 water right is the most senior right still in priority, the <br />HOA pro -rata share is 0.557 cfs, but drops to 0.142 cfs when the 1872 right is call out. <br />Water is also diverted through the FHL Canal to fill the many reservoirs along the ditch. <br />Typically, water is diverted for delivery to the reservoirs prior to or after the end of the <br />irrigation season. Most of the reservoirs were given individual storage diversion decrees <br />in the " Dunklee decree" (decree no. 60052) in 1936. At that time, 7604 acre -feet of <br />storage decrees were entered for reservoirs filled by the FHL Canal. Filings for diversions <br />by FHL from Little Dry Creek, Leyden Creek and Ralston Creek were made at the same <br />time as the filings for storage in the Dunk-lee decree. (Detailed information on the <br />Dunk-lee decree is included in the Bishop - Brogden report in Appendix A.) <br />The Wadley Reservoirs Nos. 1, 2 and 3 have active storage capacities of 16 acre -feet, 160 <br />acre -feet, and 41 acre -feet respectively, based on the most recent capacity measurements <br />taken by the HOA. This provides a total active storage capacity of 217 acre -feet. The <br />water storage rights for the reservoirs, totaling 249.4 acre -feet, are shown in Table 2. <br />Diversions made for storage purposes from November to April were historically <br />delivered for filling the reservoirs under the FHL as documented in the Bishop - Brogden <br />report. The Wadley Reservoirs would be entitled to 3.28 percent (249.4 / 7604 acre -feet <br />under the Dunklee decree) of the diversions made for storage purposes through the FHL <br />Canal. <br />Table 2: Water Rights - Wadley Reservoirs <br />Admin No. Appropriation Date <br />Adjudication Date <br />Decreed Amt cfs <br />Decreed Amt Cat <br />4462 12 15 18931 <br />5 13 1936 <br />10.0 <br />38.0 <br />4462 12/03/1898 <br />5/13/1936 <br />10.0 <br />39.0 <br />4463 12/30/1899 <br />5/13/1936 <br />8.0 <br />21.3 <br />4464 10/25/1902 <br />5/13/1936 <br />8.0 <br />151.1 <br />Total <br />249.4 of <br />Source: Colorado Water Rights Tabulation, Colorado State Engineer's Office, <br />Dept. of Natural Resources <br />Wadley Farms No. 3 Water Supply CWCB Loan Feasibility Study Page 10 <br />