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<br />U. S. BURBAU 0]1 RECLAl,Ii.TION REPORT C01JT'D. <br /> <br />CHERRY CImL;I FROJLCT, (COIIT IV) <br /> <br />"Construction if undertaken should. so far <br />as practicable, be preceded by suitable <br />legal or other procedure to liquidate or <br />quiet conflicting claims." <br /> <br />(2) <br /> <br />Hater supply studies of the Reclamation Bureau are based <br /> <br />on certain assumptions among whioh are, that the Castlewood Reservoir <br /> <br />priority of 1889 will be maintained, as an asset of the proposed project. <br /> <br />and that return flows within the project may be diverted regardless of <br /> <br />priority. The report states: (p.32) <br /> <br />"Under the provisions of the Colorado statutes <br />return flow belongs to the stream and to <br />each priority in turn thereon. If this <br />sicuation were to prevail upon construction <br />of the project, recovery of project costs <br />would be limited to those lands which <br />in the first instance diverted developed <br />storage, as direct flcwT rights would command <br />all ordinary and return flows during the <br />irrigation season". <br /> <br />prooeeding on the declaration that: "The United States <br /> <br />olaims return flOVl on Federal Projects," the Bureau devised a project <br /> <br /> <br />embraoing 4,295 acres. Not more than 3.000 acres can be supplied. at the <br /> <br />rate of required headgate diversion fixed by the Bureau (2.35 acre-feet <br /> <br />per acre). by the estimated water supply of substantially 7.000 acre-feet. <br /> <br />Thus 1,300 acres of land are proposed to be assessed which. under the <br /> <br />Colorado laViS, may receive little if any water, i.e.. no storage water <br /> <br />directly from the reservoir, and only that portion of the natural and <br /> <br />return flovls "lhich their junior rights might COIllF.Alld, as against davrn- <br /> <br />stream senior rights. <br /> <br />The claim of the United States to return flows, declared <br /> <br />by the Bureau in this project report, is identical with the claim asserted <br /> <br />-13~ <br />