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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />In 1974, a one-quarter interest in the Liston and Love Ditch water rights not owned by the Venezia <br />Family was subject to a decree from the Water Court for Water Division No.2 in Case No. W-4077, <br />where the point of diversion was changed to a new location. The Venezia three-quarter interest in the <br />Liston and Love Ditch and its associated diversions is referred to as the Liston and Love North Ditch, <br />and the one-quarter interest in the Liston and Love Ditch and its associated diversions is referred to as <br />the Liston and Love South Ditch. <br /> <br />The original Liston and Love Ditch headgate and current Liston and Love North Ditch headgate is <br />located on the east bank of Fountain Creek in the southwest one-quarter of Section 17, Township 16 <br />South, Range 65 West in the 6th Principal Meridian of EI Paso County, Colorado. This ditch generally <br />runs in a southeasterly direction. The three-quarter interest in the Liston and Love Ditch has been used <br />to irrigate 435 acres of alfalfa and hay in Sections 21 and 28, Township 16 South, Range 65 West. <br /> <br />The water rights associated with the three-quarter interest in the Liston and Love Ditch were changed <br /> <br /> <br />in Case No. 85CW38 to allow an alternate point of diversion at the Chilcott Ditch, to allow storage of <br /> <br /> <br />the water rights in Calhan Reservoir for subsequent use for irrigation, and to allow alternate places of <br /> <br /> <br />irrigation use to include all or parts of Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 <br /> <br /> <br />and 36 ofTownship 16 South, Range 65 West, and Sections 19, 30 and 31 ofTownship 16 South, <br /> <br /> <br />Range 64 West. The Venezias agreed to limit future diversions to storage to 67 percent of the pro-rata <br /> <br /> <br />flow rate entitlement under the decree. The 67 percent represents the average historic consumptive <br /> <br /> <br />use factor of 57 percent, divided by 0.85 to allow for future Chilcott Ditch carriage losses which return <br /> <br /> <br />to Fountain Creek (15 percent). <br /> <br />The decree in Case No. 85CW38 found that the historic average annual diversion for the Venezia <br />three-quarter interest in the Liston and Love Ditch has been 1,491 acre-feet (1974 through 1983), with <br />a single year maximum of 2,316 acre-feet (1982). Historic average annual consumptive use under the <br />Liston and Love North Ditch water rights has been 855 acre-feet, which represents a consumptive use <br />factor of 57 percent of diversions. <br /> <br />Table VI-3 summarizes the three-quarter interest of historic headgate diversions for the Liston and Love <br />Ditch between 1922 and 1989. The SEO diversion records were used to create Table VI-3. The <br />average annual diversion was 1,055 acre-feet. The minimum recorded diversion was 324 acre-feet in <br />1973 and the maximum recorded diversion was 2,459 acre-feet in 1933. Applying the 57 percent <br /> <br />-27- <br />