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<br />.. ,# <br /> <br />. <br /> <br />To: Water Acquisition Committee <br /> <br />June 12, I998 <br /> <br />From: Bob Norman <br /> <br />Re: . . Donation of water right from :Mr. Neal McKinstry <br />,,-,:/,.' " <br /> <br />.. On Friday June 5 and Wednesday June 11, 1998 I went out to take a look at lateral 95, Upon <br />review of Mr. McKinstry's water right application (W-2190), the point of diversion is at a point <br />about 1 mile upstream from the end oflateral95. There is a drainage ditch at the point of <br />diversion. Apparently, when Mr. McKinstry made the application in I974 he was the owner or <br />the only water user along the lateral downstream from the defined point of diversion. <br />Consequently, the point of diversion was the end oflateral95. His water right gave him claim to <br />all water that was still in the lateral when it reached his property. Over time he sold his land and <br />as he did so the end of the lateral moved. Generally speaking, the end of a lateral is at the point <br />when the lateral delivers water to the last use on the lateral. <br /> <br />About half-way down the lateral, Lateral 95 can spill into the drainage ditch near Mr. McKinstry's <br />point of diversion and according to Lorraine Frazier, the president of Lateral 95, the only time <br />water is spilled at this point is early in the spring when the lateral is getting filled and flushed, <br />usually for about 2 weeks or so. During the rest of the season the spill is closed so that <br />downstream water users on the lateral can get their water. There is also a storm inlet into the . . <br />drainage ditch which could supply water to Mr. McKinstry's right. Since it is storm water from a <br />subdivision, the only time there should be flow is in rain events. There might be a few times that <br />over sprinkling oflawns in the subdivision could eventually be returned to the drain. This is a <br />new source but I think it would be legitimate. Future subdivisions along the lateral are planning <br />to use domestic water for lawn watering. <br /> <br />The last point of diversion along the lateral (the current end of the lateral) is now located about . <br />200 feet from where the excess lateral flow returns to the Colorado River, Upon asking Mr. <br />McKinstry, he does not maintain any records for diversion under the subject water right. <br />Consequently, it would be difficult to substantiate any consumptive use calculations. <br /> <br />Recommendation' <br />Due to the lack of a reliable supply of water, there appears to be questionable value to the water <br />right. I recommend that the most the RIP or eWeB would do with the right is to transfer the <br />right to the CWCB and then abandon it. The return flow water right held by CWCB for the 15- <br />Mile Reach should provide protection from new diverters along the drainage ditch. <br /> <br />. <br />