BOARD02307

• Board Meeting Date: 1/24/2001
• Description: ISF Section - Proposed Resolution Case No. 1-99CW108; Randolph Capital Corp. ‎(Bear and Troublesome Creeks)‎
• Board Meetings - Doc Type: Memo

322

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Randolph Capital Corporation
Case No. 99CWl08
Page 8

Creek, upon expiration of the retained jurisdiction period in
Case No. 94CW168,

v. Whenever water rights within former Water District
No.9 hOlding priorities between May 1, 1871 and March 1, 1882
are being curtailed because of a call originating from the
South Platte River, the diversion rates for the May 1, 1871
priority decreed to the Harriman Ditch (i.e. Priority No. 25),
shall be reduced sixteen percent (16%), in accordance with the
following schedule:

Priority
Number
, 25

Appropriation
Date
5-01-1871

Apr.
.082

Diversion
Mav Jun.
.144 .297

Rates in cfs
Jul. AuCl ,
,216 .157

~
.179

c, MMRC's Warrior Ditch Entitlement (i.e. 2.0 shares):

i. Only the historic consumptive use portion of MMRC's
warrior Ditch entitlement is utilized by MMRC for replacement,
augmentation and exchange purposes. Diversions under the
December 1, 1861 and the October 31, 1864 priorities decreed
to the Ditch are limited as follows:

. Priori ty
Number
4
14

Appropriation
Date
12-01-1861
10-31-1864

Diversion Rate
in cfs
0.0809
0.0892

Time Period of
Diversion
May 1 - October 31
June 1 - August 31

Maximum Yearly
Diversion (AF)
21.7
8.7

WheneVer the above referenced priori ties decreed to the
Warrior Ditch are available during the period May 1 through
October 31 of each year, MMRC may place a call for the water,
up to the diversion rates stated, for purposes of offsetting
depletions resulting from water use by MMRC shareholders.
Alternatively, the water is diverted to storage in the Soda
Lakes Reservoirs, Meadowview Reservoir and other reservoirs
owned or leased by MMRC, to the extent there is space in
MMRC's storage accounts.

ii. MMRC's entitlement to the April 16, 1862 priority
decreed to the Warrior Ditch (i.e. 0.0358 cfs of priority No.
8 from Turkey Creek), is used only for substitution and
exchange purposes involving structures located within the
Turkey Creek drainage basin. All such uses are subject to the
conditions set forth in Paragraph No. 6 of the Decree entered
in Case No, 95CW196.

.

iii. To provide for the maintenance of historic ditch
losses, an amount of wate~ equal to twenty percent (20%) of
MMRC's pro-rata entitlement to the Warrior Ditch direct flow