BOARD00379

• Board Meeting Date: 9/24/2001
• Description: ISF Section - Case Resolution: Case No. 1-94CW290 Buffalo Park Development Co. et al
• Board Meetings - Doc Type: Memo

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i. Only the historic consumptive use portion of
MMRC's Harriman Ditch entitlement is utilized by MMRC for
replacement, augmentation, exchange and storage purposes.
Diversions under the March 16, 1869 and the May 1, 1871
priorities decreed to the Ditch are limited as follows:

Priority
Number
23
25

Appropriation
Date
3-16-1869
5-01-1871

Apr.
.087
.098

Diversion
May Jun.
.11 7 .130
.171 .353

Rates in
Jul.
.078
.257

cfs
Aug.
.078
.187

Sep.
.081
.213

Priority
Diversions
Acre feet
162
25

Appropriation
Number
23

5-01-1871

Maximum Monthly Ten Year
Diversions in Acre Feet
Date Apr. May Jun. Jul.
3-16-1869 16.5 41.8 52.8 20.9

Total
Maximum
Ten Year

Aug.
16.5

~
13.5

13.2

47.3 126.5 110.0 52.8

26.4

330

The water is stored in. the Soda Lakes Reservoirs, Meadowview
Reservoir and Sprucedale Reservoir, to the extent there is
space in MMRC' s storage accounts. The water is also left in
the stream system to offset depletions resulting from water
use by MMRC shareholders.

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ll. MMRC' senti tlement to the April 15, 1868 priority
decreed to the Harriman Ditch (i.e. 0.2072 cfs of Priority
No. 21 from Turkey Creek), shall be used only for
substitution and exchange purposes involving structures
located within the Turkey Creek drainage basin. All such
uses are subj ect to the conditions set forth in Paragraph
Nos. 6.5 and 6.8.

lll. To provide for the maintenance of historic ditch
losses, an amount of water equal to fifteen percent (15%) of
MM~C's pro-rata entitlement to the Harriman Ditch direct flow
priorities from Bear Creek (i.e. up to a maximum of 0.0230
cfs of the March 16, 1869 priority; up to a maximum of 0.0738
cfs of the May 1, 1871 priority; and up to a maximum of
0.0372 cfs of the March 1, 1882 priority), is available for
call by the Harriman Ditch Company for the benefit of the
shareholders who continue to use the Harriman Ditch.

i v. 0.0655 cfs of MMRC' s pro-rata entitlement to the
May 1, 1871 priority decreed to the Harriman Ditch
and 0.2109 cfs of MMRC's pro-rata entitlement to
the March 1, 1882 priority decreed to the Harriman
Ditch shall be abandoned to Bear Creek, upon
expiration of the retained jurisdiction periOd in
this Case.

.

v.

Whenever water rights within former Water District
No. 9 holding priorities between May 1, 1871 and

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