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<br />1 <br /> <br />the Rustic down to below Fort Collins without drying up in many places <br />in the river whether you have an appropriation or not. The Poudre <br />Valley is probably the outstanding example in the state of Colorado, and <br />probably in the West as a whole, in regard to the maximum utilization <br />resulting from water exchanges. The water exchanges are authorized by <br />statutes and I am sure we have done them up there before there were <br />statutes. But the basic concept of an exchange is that you cannot <br />exchange except to the extent that you can do it without hurting other <br />water rights, including junior water rights. <br /> <br />If there is a junior water right for a minimum stream flow, I would <br />assume that the argument would be on behalf of the state or the Game <br />and Fish Department, that no exchange could occur if it would have an <br />adverse effect on their rights and it certainly would, because as I have <br />said, instead of drying it up at point A, it would dry it up at point B. <br /> <br />I realize that you are all very capable water people, well-versed in <br />water diversions and exchanges, but I thought possibly our Poudre system <br />was sufficiently unfamiliar to you that you would allow me to explain <br />what we fear that this minimum stream flow would do to the exchanges <br />and what effect it would have on our economy and to discuss some of the <br />social values. Would I have your permission, Mr. Chairman, to briefly <br />go into this? <br /> <br />Mr. Stapleton: Certainly. <br /> <br />Mr. Fischer: If I may, I would like to cover up <br />flows with my exchange. (Mr. Fischer used a map <br />illustrate this part of his presentation.) <br /> <br />What I have put up here is a straight line diagram that shows the diver- <br />sions concerning the direct flow of irrigation diversions, municipal <br />diversions and the storage facilities. And perhaps by looking on your <br />map and our map, I can explain some of the things we are doing. Before <br />I do that, I would like to have you check my remarks by talking with those <br />in the'audlence who are-more familiar with a spcefic system than I am. <br />Alden Hill represents North Poudre Irrigation Company, Harlan Seaworth <br />and other officers of the North Poudre Irrigation Company are here. <br />Mr. John Kochenburger, representing the Larimer-Weld Company is here, <br />together with several of his company officers. I represent the Water <br />Supply and Storage Company and others, but we have representatives of <br />the Water Supply and Storage Company here. We also have present in <br />the audience 'the water cOlIllIlissioner of our district 3, who can explain <br />to you in detail the exchanges about which I will speak to you in <br />general, Mr. Wilkinson, the division engineer for irrigation division <br />1 is here. <br /> <br />your minimum stream <br />and various charts to <br /> <br />I <br /> <br />In general, that will be confirmed by anything that you want to speak <br />of between Rustic Bridge to the bridge below Fort Collins, which I have <br />marked on this map. In this stretch there is one or another point that <br />is dry under historic conditions, roughly eleven and a half out of the <br />twelve months of the year because all the water is appropriated. Now, <br />that would be true whether we get exchanges or not because we have <br />priorities and we fully use the stream. The difference is that under <br /> <br />-14- <br />