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<br />> . <br /> <br />As an alternative to purchasing Ruedi water the applicant <br />requests permission to build a reservoir adjacent to Capitol ... <br />Creek, below the Boram and White Ditch with a capacity of 5 to 10 <br />acre-feet. This reservoir would be filled in priority during the <br />irrigation season and releases would be made as necessary when out <br />of priority. <br /> <br />Staff Action <br />. <br /> <br />The CWCB staff has filed a Statement of Opposition in this <br />case since there is potential for injury to the Capitol Creek <br />instream flow right during the non-irrigation season. Building a <br />small reservoir to release out-of-priority diversions would be the <br />preferrable alternative ~ith respect to maintaining instream <br />flows. However, there are some practical limitations with this <br />option due to the relatively small amount of water involved. The <br />release rate from the reservoir on a daily basis would amount to <br />slightly less than 0.01 cfs (4.5 gal/min). This amount of water <br />could not be released constantly without freezing or other types <br />of delivery problems. Thus, the volume would probably be released <br />at a higher rate over a shorter period of time. Secondly, the <br />amount of water involved on a daily basis is about 1/1000th of the <br />total CWCB decree. <br /> <br />Recommendation <br /> <br />Based on the relatively small magnitude of injury involved <br />and practical limitations of releasing 0.01 cfs per day, the staff <br />recommends that the Statement of Opposition in this case not be <br />pursued and that the staff be authorized to withdraw the Statement <br />of Opposition. <br /> <br />... <br /> <br />Other Statements of Opposition to this Application <br /> <br />1. Little Elk Creek DitCh Company <br />2. Greg Lewis <br />3. John W. & Linda Wilkie <br />4. Kendall & Gwen Smith <br /> <br />/bvm <br /> <br />MEMORANDUM <br /> <br />-2- <br /> <br />November 5, 1984 <br /> <br />... <br />