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<br />Other Water Riahts in Proposed Reach: <br />(Appendix 6) <br /> <br />Potentiallniurv to Existina Riahts: <br /> <br />consumptive use was attributable to the senior priority Peabody <br />water right. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Boulder Creek - There are several decreed water rights on <br />Boulder Creek. Only 3 ditches are currently diverting water. <br />According to the Water Commissioner, most of these ditches <br />divert water into adjacent drainages for use. <br /> <br />Blue River - There are fIVe active decreed water rights located in <br />the subject reach of the Blue River. These water rights are <br />primarily used for irrigation and limited domestic uses at ranches <br />along the river. There are also several ex~hanges that operate to <br />diversions or storage upstream from Green Mountain Reservoir, <br />and several conditional water rights decreed in the reach. <br /> <br />Boulder Creek - The Peabody #1 Ditch was decreed in the <br />original adjudication for Summit County, and is senior to the <br />remaining active ditches on Boulder Creek. The donated water, <br />rights were historically diverted from Boulder Creek into an <br />adjacent drainage for irrigation, and therefore, were fully <br />consumptive to the stream and to other downstream diversions. <br />No return flows accrued to Boulder Creek. Existing rights could be <br />injured only if the Board's instream flow use resulted in an <br />expansion of the historic use of the water right. <br /> <br />Blue River - According to the Water Commissioner, there are 5 <br />active ditches on the Blue River between Boulder Creek and <br />Green Mountain Reservoir. Most are decreed for irrigation use. <br />Return flows from the acquired rights accrued to the Blue River a <br />short distance upstream from the confluence with Slate Creek. <br />Above that point, the acquired rights were fully consumptive to the <br />stream and to other downstream diversions. <br /> <br />Dowhstream of Slate Creek, loss of delayed return flows could <br />potentially be a concern. However, in the 1995 report, Bishop <br />Brogden Associates concluded "Because of the close proximity to <br />the stream and the topography of the area, most of the return flow <br />probably returned during the month of diversion", Existing rights <br />could be injured only if the Board's instream flow use resulted in <br />an expansion of the historic use of the water right. <br /> <br />I <br />I <br />I <br />I <br />I <br /> <br />Green Mountain Historic User Pool <br />The Peabody #1 Ditch senior priority predates the Shoshone water <br />right, and has not historically been called out during the irrigation <br />season. The Peabody Ditch Lund Enlargement is junior in priority <br />to the Shoshone right, but has been protected from call by the <br />Green Mountain Historic Users Pool (HUP). <br /> <br />By changing the use to instream flow, the junior priority Peabody <br />right would lose the HUP protection and could be diverted by a <br />downstream junior HUP water right. However, the junior priority <br /> <br />I <br />I <br /> <br />4 <br />