BOARD00598

• Board Meeting Date: 1/27/2004
• Description: ISF Section - Instream Flow Appropriations - North East Creek
• Board Meetings - Doc Type: Memo

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Water Rights Located Downstream ofCWP

None (to confluence with East Creek)

State of Colorado Instream Flow Rights Within CWP

BLM is in the process of making a recommendation to.the State of Colorado for an instream flow
water right on this creek.

Pattern of Water Use

Water Availability - The Division of Water Resources considers East Creek to be fully
appropriated. Low flows frequently allow only very senior water rights to divert during the
summer and autumn months. As noted above, the City of Fruit a is in the process of transferring
water rights formerly used for municipal supply to new owners for irrigation, livestock, and
domestic purposes.

Water Right Priorities - The Nellie S. Ditch, upstream of the CWP, is the priority that typically
controls the creek. Other diversions are frequently called out to satisfy the senior water rights
associated with this ditch.

Diversiot:ls - For the 1989 to 1996 period, diversion history for the most senior water rights are as
follows:

Bradbury Ditch -- Diversion records report that this water right is typically used in the Helmke
Ditch.

Helmke Ditch - Diversion dates ranging from March 9 to June 27; the typical maximum diversion
each Yeal' is the decreed amount of 0.89 cfs.

Johnson Creek Headgates 1& 2 - Diversion dates ranging from May 20 to June 6; maximum
diversion 00.0 cfs from May 20 to June 6, 1996.

Mirror No. 1 and No, 2 Ditches - Diversion records report that these structures are not presently
usable.

Nellie S. Ditch - Diversion dates ranging from April 24 to August 17; maximum diversion of 6.5
cfs from May 19 to May 30, 1995. This ditches takes water out of the watershed, so North East
Creek does not experience any return flows from these diversions.

Land Status Within and Upstream of CWP

Extensiv@ private lands are located upstream of the CWP on Pinon Mesa.

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